Paralegal to do Seperation?

[jacksgirl]

Can a paralegal prepare a legal separation agreement in New York Stat?

In New York state, is a seperation agreement automatically effective for one year? After that one year, assuming that the terms of the agreement were followed, what happens with the divorce then? Will we need to come to new terms for the divorce - child custody, child care and living arrangements, who gets what, etc.?

Thanks,

 

[I AM ALWAYS LIABLE]

Can a paralegal prepare a legal separation agreement in New York Stat?

In New York state, is a seperation agreement automatically effective for one year? After that one year, assuming that the terms of the agreement were followed, what happens with the divorce then? Will we need to come to new terms for the divorce - child custody, child care and living arrangements, who gets what, etc.?

Thanks,

My response:

A separation agreement requires legal advice. A paralegal cannot give legal advice. A paralegal can only act as a "scribner" for you; i.e., a paralegal can put the agreement into legal format, and make the same ready for filing with the court, but that's about it.

A separation agreement is only good if it's been signed by a judge. A private agreement, without court approval, has no force in the law - - unless it only discusses personal property matters - - in which case, it's only a contract.

Such an agreement is unenforceable when it comes to spousal and child support issues, child visitation issues, or division of Real Estate.

You'll need to file for legal separation and / or dissolution of the marriage, and have a judge sign the orders and decree, if you want the law to protect your rights under such an agreement.

IAAL