Please explain what the separation in Separation Agreement mean?
04/28/2009 - Category:Divorce - Separation Agreements - State: ALL #16330
I want to separate with my spouse and set up the grounds to divorce in one year by doing so. I understand that to divorce, a separation agreement may be used (that is notarized by both parties) to facilitate divorce one year after living SEPARATE AND APART. - I would like to know if living at the same address but in a different room would qualify as separate and apart. This separate room situation is only to be for a 4-5 months before a complete address change on part of the plaintiff, but we must start the 'separation' term now, while living at the same address but in different quarters, as soon as possible so that one year can pass sooner than later- What proof is needed for performing the terms of the agreement, and lastly - what is the difference between these two? Living separate and apart pursuant to a decree of separation for a period of one or more years. Living separate and apart pursuant to a written agreement of separation, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. [Based on New York Domestic Relations Laws - Article 10 - Section: 170]
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04/28/2009 - Category: Separation Agreements - State: ALL #16330
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