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New Haven Separation Agreement Attorney

A separation agreement is a contract that is entered into by spouses who have elected to live separately, but have not yet decided to divorce. It is similar to a divorce decree in that it includes how property will be divided, child support and visitation, and spousal support, among other issues and it can remain in effect for the duration of the separation.

In Connecticut, a separation decree is governed by Conn. Gen. Stat. § Section 46b-67(b) and has the same functionality as a divorce decree, with the exclusion of the right to remarry. A New Haven separation agreement attorney can assist you in creating or negotiating a separation agreement so that you can move forward with your life.

Separation in Connecticut

To file for legal separation in New Haven, you must have lived in the state of Connecticut for one year or have been a resident at the time of the marriage and have since returned for permanent residency. There is a 90 day waiting period after filing before it the separation is put into effect. The legal basis for obtaining a separation agreement is the same as the legal grounds for divorce. In Connecticut, you may file for legal separation if any of the following conditions have been met:

  • Marriage is irretrievably broken
  • Adultery
  • Intolerable cruelty
  • Living apart for more than 18 months before filing
  • Abandonment for at least one year
  • Imprisonment for life
  • Hospitalization for at least five years before filing
  • Fraud

Benefits of a Separation Agreement

A separation agreement can be beneficial when a couple wants to remains legally married, but have decided to live separately, either in anticipation of divorce or because of a benefit of being married that neither spouse wants to lose. The agreement can establish the date of the separation, if that is subsequently contested, and what each party stands to gain or give.

The agreement can be modified by mutual agreement or by court order if there is a need to do so. It may also be incorporated into the divorce decree, which would make the transition from separation to divorce more seamless for both parties.

How Can a New Haven Separation Agreement Attorney Help?

An experienced attorney can guide you through drafting or negotiating your separation agreement by considering your current needs, anticipated needs, as well as the financial standing of both parties. Creating or negotiating a separation agreement can be a complicated process. In Connecticut, a separation agreement can be converted into a divorce decree upon request, which makes it even more important to ensure that the contract does accurately reflect your best interests before it is filed with the court.

A New Haven separation agreement attorney that has experience with these contracts can help you to make decisions with an eye towards protecting your interests down the road, both during the separation agreement or if there is a subsequent divorce.

For more information and to have your fact specific questions answered, contact our office to speak with an lawyer that has experience in creating and negotiating legal separation agreements.