When it comes to ending a marriage, couples often face a daunting array of choices, from navigating litigation to negotiating settlements. As a practitioner in matrimonial law, I engage in all facets of this process—litigation, negotiation, mediation, and even collaborative legal methods. Of these, negotiating or mediating a Separation Agreement before filing for divorce can often provide the most straightforward path forward. Here’s why.
The Value of a Separation Agreement
A Separation Agreement is a signed contract that resolves all major issues between spouses that need to be resolved. When this agreement is finalized before a divorce is filed, it offers a solid foundation for pursuing an uncontested divorce—a divorce that avoids unnecessary delays, court battles, and unexpected costs. Nowadays, since there is No-Fault divorce in New York, we can file for divorce right away, after the agreement is signed. The Separation Agreement becomes the settlement agreement for the divorce. There is no need to wait a year for the divorce after signing the Sepatation Agreement, like it used to be, before New York updated the Domestic Relations Law in 2010 (why did it take New York so long?) to include No-Fault divorce. Continue reading ›