Legal separation and dating in ny. Can I date if Iā€™m legally separated?.



Legal separation and dating in ny

Legal separation and dating in ny

Also any information about the possibility of adding a provision into the legal separation papers prior to file, in order to protect for dating during this periond is helpful, as is any other information or links pertaining to the limits and actions of adultery with regard to NY state divorce law.

However, the first issue of possible ramifications to both myself and my married partner of dating and living together during legal separation period is the crux of this question. Request for Question Clarification by richard-ga on 08 Nov What does it say about how the parties must behave during the period of separation?

Clarification of Question by rondala-ga on 09 Nov Does it protect if "seeing others" or even seeing or "part time living" with a specific person is written into this agreement? The wife is trying to have adultry as the reason for divorce put down on the separation agreement papers supposedly to expedite the time to 3 months instead of a year. This concerns me as to how it can possibly be used later after the separation papers are formalized but before the divorce and if we're living together I thank you much!

Hello and thank you for your question. If it has been agreed that the divorce will be accomplished by filing a written separation agreement there's only one answer: You need to make sure that the separation agreement covers all the issues, financial and personal.

But as discussed below, while the agreement can allow 'dating' during the year apart it can't allow 'adultery. You can 'date' during the year; you surely can't live together. When does dating become adultery?

There's no clear answer, so you'll certainly need to be discreet. The written separation agreement is the best route for you, because as long as you abide by its terms, the financial deal will have been worked out in advance.

So the balancing act you need to do now is to be frank enough to get a strong dating clause into the settlement agreement, but if this makes her angry enough the wife may switch to the adultery route with or without a Court judgment of separation that might leave the financial settlement deal open until a later date. Nor can the settlement authorize him to be adulterous during the year of separation. In the case of an absolute divorce, there are six 6 grounds for a court to grant an absolute divorce: Any one of these grounds, if proved, will result in the complete dissolution of the marriage.

There are only two valid ways to dissolve a marriage in New York through separation of agreements. The law requires that you live apart for one or more years under either a written contract of separation or court judgment of separation.

The separation agreement should clearly outline custody, spousal support, distribution of property. The agreement is filed with the clerk of the county where either spouse lives. At the end of one year from the date of the agreement, either spouse may sue the other for a "no-fault" divorce. Another form of separation is through a judgment of separation. Abandonment may be for less than one year and "non-support" is a ground for decree of a judgment of separation. One year after filing of the court's judgment of separation, either party may sue for a "no-fault" divorce after one year of living apart.

Sexual relations with a person who is not one's spouse is adultery, and no 'dating clause' will serve to make legal something that is illegal. Most separation agreements do, however, contain a clause that allows each spouse to be left alone as if single and unmarried and that forbids each spoue from harassing, molesting or interfering with th other. Again, please advise that this is not a license for adultery. Of course this answer cannot constitute legal advice--be sure to cover these issues with a qualified attorney!

One clarification question which you may or may not be able to address: Within the mediation process for filing separation papers this week, the wife is trying to have "adultry" on the part of her yes military vet. There was NO adultery prior to his IN-formal separation, just a lunch, a kiss and emails as old h.

Now of course it's gone further. She is arguing for him to claim adultery on their papers, supposedly because this means they can finalize the divorce in 3 months instead of waiting the entire year.

I'm concerned of the possible ramifications. Does this "deepen" the potential dangers of our continuing to see each other during the separation period in terms of a potentially inflamed wife deciding to disregard their joint separtion agreement for financial distribution, and instead take the adultery and use it to the full extent of the law for changing the agreement?

We live on opposite coasts, so to see each other we would be meeting in the same house for extended periods of time over the next 6 months. Thanks if you're able to take this one step deeper -- and thank you so much for your assistance and thoroughness as is and if you can offer no more. I realize it's dicy and certainly appreciate that your assistance does not consititute legal advice, just better information. It's a romantic tale but with potentially frightening consequences where hurt and anger are invoked and used against one another Clarification of Answer by richard-ga on 10 Nov There's no such thing as a 3-month divorce under a separation agreement between the parties.

An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds Such agreement shall be filed in the office of the clerk of the county wherein either party resides.

In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information: My guess is either i she's just keeping the pressure on to keep him on the defensive in the negotiation, or ii she thinks that having the admission in the agreement will help her to upset the settlement agreement if she can catch him being adulterous during the one-year separation, or iii she thinks that having the admission in the agreement will help her to make a better claim for money if he breaches the settlement agreement for any other reason.

All of these are good reasons for him to keep the admission out of the agreement. I don't have much to add on the question of how you can behave during the year without putting the separation deal at risk. The stronger statement you can have about each party leaving the other alone to live as a single person, the harder it will be for her to justify snooping.

The courts don't want to overturn a settlement agreement, but if she has the grounds to push the adultery claim it is something to worry about.

Since you can't ask that the agreement allow you meet in the same house for extended periods, there will be some degree of risk if you do. Of course if the financial deal that you give her in the settlement agreement is favorable to her, she'll have less reason to want to take the trouble to accuse you of breach--unless sheer vindictiveness might make her change her mind about the deal she makes.

Again, good luck with your situation. Sincerely, Richard-ga rondala-ga rated this answer: Richard- so much thanks to you! Clear, direct and well answered on a less than straight forward question.

Video by theme:

NY Lawyer Presents: Legal Separation in New York (FE-57)



Legal separation and dating in ny

Also any information about the possibility of adding a provision into the legal separation papers prior to file, in order to protect for dating during this periond is helpful, as is any other information or links pertaining to the limits and actions of adultery with regard to NY state divorce law.

However, the first issue of possible ramifications to both myself and my married partner of dating and living together during legal separation period is the crux of this question. Request for Question Clarification by richard-ga on 08 Nov What does it say about how the parties must behave during the period of separation?

Clarification of Question by rondala-ga on 09 Nov Does it protect if "seeing others" or even seeing or "part time living" with a specific person is written into this agreement? The wife is trying to have adultry as the reason for divorce put down on the separation agreement papers supposedly to expedite the time to 3 months instead of a year. This concerns me as to how it can possibly be used later after the separation papers are formalized but before the divorce and if we're living together I thank you much!

Hello and thank you for your question. If it has been agreed that the divorce will be accomplished by filing a written separation agreement there's only one answer: You need to make sure that the separation agreement covers all the issues, financial and personal. But as discussed below, while the agreement can allow 'dating' during the year apart it can't allow 'adultery.

You can 'date' during the year; you surely can't live together. When does dating become adultery? There's no clear answer, so you'll certainly need to be discreet. The written separation agreement is the best route for you, because as long as you abide by its terms, the financial deal will have been worked out in advance.

So the balancing act you need to do now is to be frank enough to get a strong dating clause into the settlement agreement, but if this makes her angry enough the wife may switch to the adultery route with or without a Court judgment of separation that might leave the financial settlement deal open until a later date. Nor can the settlement authorize him to be adulterous during the year of separation. In the case of an absolute divorce, there are six 6 grounds for a court to grant an absolute divorce: Any one of these grounds, if proved, will result in the complete dissolution of the marriage.

There are only two valid ways to dissolve a marriage in New York through separation of agreements. The law requires that you live apart for one or more years under either a written contract of separation or court judgment of separation.

The separation agreement should clearly outline custody, spousal support, distribution of property. The agreement is filed with the clerk of the county where either spouse lives. At the end of one year from the date of the agreement, either spouse may sue the other for a "no-fault" divorce.

Another form of separation is through a judgment of separation. Abandonment may be for less than one year and "non-support" is a ground for decree of a judgment of separation. One year after filing of the court's judgment of separation, either party may sue for a "no-fault" divorce after one year of living apart.

Sexual relations with a person who is not one's spouse is adultery, and no 'dating clause' will serve to make legal something that is illegal. Most separation agreements do, however, contain a clause that allows each spouse to be left alone as if single and unmarried and that forbids each spoue from harassing, molesting or interfering with th other.

Again, please advise that this is not a license for adultery. Of course this answer cannot constitute legal advice--be sure to cover these issues with a qualified attorney! One clarification question which you may or may not be able to address: Within the mediation process for filing separation papers this week, the wife is trying to have "adultry" on the part of her yes military vet. There was NO adultery prior to his IN-formal separation, just a lunch, a kiss and emails as old h. Now of course it's gone further.

She is arguing for him to claim adultery on their papers, supposedly because this means they can finalize the divorce in 3 months instead of waiting the entire year. I'm concerned of the possible ramifications. Does this "deepen" the potential dangers of our continuing to see each other during the separation period in terms of a potentially inflamed wife deciding to disregard their joint separtion agreement for financial distribution, and instead take the adultery and use it to the full extent of the law for changing the agreement?

We live on opposite coasts, so to see each other we would be meeting in the same house for extended periods of time over the next 6 months. Thanks if you're able to take this one step deeper -- and thank you so much for your assistance and thoroughness as is and if you can offer no more. I realize it's dicy and certainly appreciate that your assistance does not consititute legal advice, just better information. It's a romantic tale but with potentially frightening consequences where hurt and anger are invoked and used against one another Clarification of Answer by richard-ga on 10 Nov There's no such thing as a 3-month divorce under a separation agreement between the parties.

An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds Such agreement shall be filed in the office of the clerk of the county wherein either party resides.

In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information: My guess is either i she's just keeping the pressure on to keep him on the defensive in the negotiation, or ii she thinks that having the admission in the agreement will help her to upset the settlement agreement if she can catch him being adulterous during the one-year separation, or iii she thinks that having the admission in the agreement will help her to make a better claim for money if he breaches the settlement agreement for any other reason.

All of these are good reasons for him to keep the admission out of the agreement. I don't have much to add on the question of how you can behave during the year without putting the separation deal at risk.

The stronger statement you can have about each party leaving the other alone to live as a single person, the harder it will be for her to justify snooping.

The courts don't want to overturn a settlement agreement, but if she has the grounds to push the adultery claim it is something to worry about. Since you can't ask that the agreement allow you meet in the same house for extended periods, there will be some degree of risk if you do. Of course if the financial deal that you give her in the settlement agreement is favorable to her, she'll have less reason to want to take the trouble to accuse you of breach--unless sheer vindictiveness might make her change her mind about the deal she makes.

Again, good luck with your situation. Sincerely, Richard-ga rondala-ga rated this answer: Richard- so much thanks to you! Clear, direct and well answered on a less than straight forward question.

Legal separation and dating in ny

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5 Comments

  1. This is not an easy question to answer because there are too many variables. Also any information about the possibility of adding a provision into the legal separation papers prior to file, in order to protect for dating during this periond is helpful, as is any other information or links pertaining to the limits and actions of adultery with regard to NY state divorce law.

  2. Of course if the financial deal that you give her in the settlement agreement is favorable to her, she'll have less reason to want to take the trouble to accuse you of breach--unless sheer vindictiveness might make her change her mind about the deal she makes.

  3. These are all good reasons, and they don't even touch on the legal ramifications of what would still be an extramarital relationship. When New York enacted the No-Fault divorce law in October , it also enacted a guideline to be used in determining a presumptive award for temporary maintenance.

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