staten island separation agreements lawyers
The purpose of marriage is to spend the rest of your life legally bound to one person whom you love and respect. However, it doesn’t always work out that way with every couple. There are those who grow apart, those torn apart by infidelity and other factors, and those who make the decision to end their marriage for other reasons. Many marriages do last a lifetime, and others aren’t so fortunate. When a couple makes the decision to divorce in Staten Island, it becomes imperative they agree upon and sign a separation agreement.
A separation agreement is a form signed by a husband and a wife when the decision to end a marriage is made. It’s a legally binding contract, which is why the assistance of a trained, educated, and experienced attorney is mandatory. This agreement is highly personal for each couple, and it often includes many of the most important factors of the demise of a marriage.
What is included in a separation agreement?
A separation agreement created and drawn up by an attorney will contain the most common issues couples face when they decide to separate. One drawn up without the assistance of legal counsel might not include all of the same information, but it’s all very similar.
– Division of property
– Division of debt
– Child custody
– Child support
What’s imperative for couples to realize is there is no law that requires a separation agreement. It’s a voluntary form agreed upon by both parties prior to officially filing for separation. New York law does not mandate a couple signs a separation agreement, but it’s helpful to do so. Once signed, this paperwork is legally binding and helps expedite the divorce process by making it all but impossible for one spouse to make the decision to go back on their word regarding child support, custody, or even their agreement to pay specific debts.
Legalities of a Separation Agreement
Once again, this is not a legal form required in Staten Island or even in the eyes of the law in New York. It’s 100% voluntary on behalf of all people who are separating. The purpose is to help matters in the future. When a couple is getting along in the moment after agreeing to end their marriage, they might want to take advantage of the amicable moment to contact and attorney and ask to have a legal form written.
An attorney can draft this form for both parties, two attorneys can work together to draft the separation agreement if both parties want to seek their own attorneys in the matter. Either way, the paperwork is drafted, the agreements issued, and the papers signed, witnessed, and notarized. It makes the divorce process simple.
How does a separation agreement lawyer help?
Since this form is not mandatory or required by law, it’s not required you hire an attorney for the matter. It is, however, highly recommended you hire an attorney for this matter. When you make the decision to hire an attorney when a separation agreement is in play, it’s done legally and the wording is correct. If you want to keep this information professional, an attorney can help create words that make it impossible for one or both parties to go back on their word.
They can make it easier to use this document in a court of law when one party decides to go back on his or her word, and an attorney is well-versed in the dissolution of a marriage. This means an attorney can advise one or both couples on what legalities they might face if they choose to go back on the agreement once it’s been signed, and they can help enforce the rules when they’re brought up in court.
The benefit of using a separation agreement lawyer is the ability to get the difficult stuff out of the way without missing anything. Many couples prefer a legal representative comes up with this information to help them make wise legal decisions, to ensure nothing is left out, and to help come up with a happy agreement for both parties. Legal help is beneficial to anyone going through divorce, especially if one or more parties is unsure what might be happening.
It’s also helpful for parties who worry their spouse might be so quick to agree to a separation agreement as a way of getting what they want without letting the other spouse know. An attorney is able to read through agreements and highlight concerns or questions so once spouse is not being given too much debt and another too many assets.
Calling a separation agreement lawyer doesn’t mean you’re making divorce a more painful experience. it only means you’re doing your job to ensure you get things handled legally and accordingly from the start. It’s not a required form, but it is a legally binding contract the moment it’s signed.
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Can I start out with a permanent restraining order?
No one plans for their marriage or relationship to end with a restraining order. However, in some cases this is truly the safest and best choice for all parties. Many people wish to get a permanent restraining order against their former significant other. While this is possible, it is not common.
Restraining orders can be issued for a variety of reasons. In general, the courts will award a restraining order if there is reasonable evidence that the defendant poses a threat to you. In most cases, a restraining order is given after a person has already shown a pattern of abuse or harassment that is likely to occur again. A restraining order is an attempt to stop the defendant from further harassing or harming their victim.
In most cases, restraining orders will forbid the defendant from approaching the victim either in person, by phone, by electronic communication, or by any other means. They are also often forbidden from going to the person’s workplace and home. Many restraining orders stipulate that the defendant must remain a certain distance from their alleged victim at all times. Unlike criminal actions, a restraining order is not a conviction and does not stay on their criminal record or show up on a criminal background check. They are intended to prevent a crime rather than punishing one.
Restraining orders are not awarded based on evidence that is beyond a reasonable doubt. Rather they depend on what the court calls a balance of probabilities, the likelihood that this will occur again. The victim also must show a “subjectively reasonable” level of fear. Most restraining orders are temporary because most couples stop having violent interactions with time. The standard of evidence for a permanent restraining order is thus higher. In general, permanent restraining orders are likely to be ordered when the victim shows the following evidence:
- That the abuser has made violent threats and followed through on them in the past.
- That the threats are occurring at the same rate or even increasing, suggesting that a cooling off period will not be sufficient.
- That the abuser has continued this pattern of behavior despite being asked repeatedly by the woman, her friends and family, police, and/or courts to stop their behavior.
If these demands have been met, courts are more likely to order a permanent restraining order. However, many courts still prefer to begin with a temporary restraining order and see if the abuser changes their behavior.
It is important to remember that a restraining order is not protection in and of itself. Many abusive people will choose to ignore the restraining order. This can escalate quickly if allowed to continue. People who have a restraining order against another person should not approach them or communicate with them in any way. They should report all infractions against the restraining to law enforcement as soon as possible. They should also make efforts to safeguard their personal security and safety as much as possible. Dangerous people are not always deterred by a restraining order.
If you are awarded only a temporary restraining order, you may still be able to get a permanent one in the future. You should continue to document and report the aggressor if they act in a harassing or violent manner or break the terms of the order. This will show judges that they are an ongoing threat and are unlikely to stop harassing or threatening you in the future. No one should have to live in fear of harm from a former loved one. A permanent restraining order may be an important step in taking back control of your life.
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