Please explain what the separation in Separation Agreement mean?
Full Question:
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]
04/28/2009 |
Category: Divorce ยป Separation A... |
State: ALL |
#16330
Answer:
Separation and living apart typically implies not residing under the same roof. Most courts require the parties to live at separate addresses to be considered living apart. Number five requires that there be a court order of legal separation. Number six doesn't require a court
order of separation, but proof that a signed separation agreement has been complied with.
