Divorce Vs. Separation
Sometimes, a person comes into see me wanting to know the difference between divorce and separation – and whether or not they can formalize their separation with a written agreement. A normal separation agreement is a 10- to 40-page (or even longer) document which addresses all the issues that exist between the parties – the same issues that are dealt with in a divorce.
It will talk about the divorce itself. It will address the issues of custody, as well as support and health insurance for the couple’s children. It will set forth the terms of support for the spouses. It will also talk about all the different issues with regard to jointly held property – whether it’s the house, the motor vehicles, or bank accounts. That all-encompassing agreement will touch upon all the issues that will have to be decided in a divorce – reduced to writing. That document is signed by both the husband and the wife and then filed in the county clerk’s office. All of the issues that would have to be decided in a divorce action have been decided, and the divorce can proceed from there.
Are you looking to obtain a separation agreement for you and your spouse? Contact a dedicated Divorce Attorney in Buffalo like Michael Ranzenhofer for help.