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Types of Separation Agreements
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There are Two Types of Separation Agreements
A separation agreement between spouses A separation agreement from a court proceeding
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A Separation Agreement Between Spouses
Married couples can create a separation agreement that has been properly drafted, signed and executed by both spouses. In this type of agreement, a court proceeding is not involved.
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If the agreement is violated by a spouse, the other spouse can file a case in court seeking enforcement or damages due to the violation of the agreement.
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As in any other contract dispute case taken to court, a separation agreement between spouses is a binding contract that can be enforced by law.
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A Separation Agreement in a Legal Separation Court Proceeding
Married couples can also pursue a legal separation in a court of law. In this case, the separation agreement is drafted and signed through a court proceeding.
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The agreement then becomes a court order
The agreement then becomes a court order. If there is any breach in the agreement, it becomes a violation of the court order.
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In this type of arrangement, the spouse does not need to file a court case if the terms of the separation are violated by the other spouse. They will only need to file a motion to enforce the legal separation agreement.
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If you are considering a separation in your marriage, an experienced divorce lawyer can advise you and will provide you with the necessary information to draft your separation agreement.
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If you are facing a breach of agreement from your spouse, an experienced divorce lawyer will continue to advise you on how to protect your legal rights and interests.
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Every case is handled with personalized care at Harold, Salant, Strassfield & Spielberg. We understand the unique difficulties that can arise in a separation agreement, both legally and emotionally.
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The Salant lawyers will ensure that you are represented strongly and effectively from beginning to end.
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Harold, Salant, Strassfield & Spielberg
Contact Us: Harold, Salant, Strassfield & Spielberg 81 Main Street, Suite 205 White Plains, New York 10601
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