Not all divorces begin and end in bitterness, anger and reproach. Sometimes married couples mutually and amicably agree to end their marriage. Unfortunately, in New York State there is no such thing as a “no fault” divorce. One way or another, one spouse must be assigned “fault” in order for a Court to issue a divorce decree. However, there is a relatively painless way to work around this limitation.
A married couple who decides to divorce can enter into a Separation Agreement that provides for such matters as property distribution, spousal support, child custody, visitation, and child support. Provided the Separation Agreement was properly prepared and executed, after a year one of the parties can file for a divorce. This is the closest you can get to a no-fault divorce in New York State. However, the process is not simple. Don’t be fooled by on-line forms or “do-it-yourself” Web sites. A Separation Agreement must include specific provisions before it can be used as the basis for a divorce. You will need the advice and representation of competent, experienced attorneys to make sure your Separation Agreement is legal and valid.
The attorneys at the law firm of John N. Fath, P.C. have over twenty-five years of experience helping individuals in Nassau County and Suffolk County get through the complicated, stressful process of divorce. We have successfully negotiated Separation Agreements for our clients that made it possible for them to secure their divorce without the unnecessary and open-ended expense of divorce litigation.
We are skilled at convincing our clients to put their emotions aside and focus on the best way to arrive at a compromise that will satisfy all parties. We will listen to your concerns and put all our efforts into getting you the results you want, while at the same time being honest with you about what you realistically can expect to achieve. Should you and your spouse be unable to agree on the terms of a Separation Agreement, we are ready to aggressively pursue your interests in Court.
Call or email the attorneys at the law firm of John N. Fath, P.C. today to discuss how a Separation Agreement can get you to where you want to be.