A transformation decision is a divorce on the basis of an existing separation agreement. If you have not yet submitted your separation contract to the district officer, you must file the separation contract at the same time if you file your divorce papers. Traditionally, a separation agreement would reflect a divorce agreement. It resolves issues related to the children of marriage, if any, and would ensure the custody and access of parents, assistance to children and perhaps also issues of higher education and support. The agreement, or even called a « separation protocol, » is submitted (with total confidentiality) to the Clerk in New York County, where one or both spouses live. At the expiry of a one-year contract date, one party may sue the other spouse on grounds of a no-malfunction. A New York family lawyer with extensive expertise in managing separation agreements, Ingrid Gherman helps you obtain the best possible terms for your separation agreement with your spouse, including spousal support, custody of children, access rights and sharing of property acquired during marriage. Ingrid can make the best possible arrangements in a separation contract. This is important because the courts can accept these conditions if you divorce later or decide one without fail. Ingrid Gherman can also get the optimum for you in the New York State Supreme Court in a separation judgment. Contact Ingrid Gherman (212) 941-0767 or send us the form online.
A separation agreement may also mean that some parties are merged into the divorce judgment, but other parties survive the divorce decision. However, it is common practice that the entire separation agreement is not merged into the divorce judgment, but has survived the divorce decision and can therefore be applied separately. After living apart and separated for one year, you and your spouse can file for divorce as part of the separation agreement. There is a restriction: when the parties sign a separation or divorce agreement that contains provisions concerning their children, the court is always entitled to amend or change the conditions relating to the children of such an agreement. The reason is that the children were not involved in the agreement and that a court may change conditions that are inconsistent with their best interests. Once the separation agreement is reached, one parent or children can ask the court to review the children`s sections and prove that one or more contractual provisions are not in the best interests of the children.