Separate Support and Maintenance
Unlike many other states, married couple are not required to go through a court proceeding to obtain permission from a court. Any married couple who want to live separate and apart may do so without permission from a court. Action for Separate Support and Maintenance are usually filed when one party to the marriage desires to end it, but none of the fault grounds for divorce exists and the parties need help from the Family Court in sorting things out while they wait for one year to pass before seeking a no fault divorce. A judge can decide any of the same issues in a separate support and maintenance action as in a divorce case, except that a divorce cannot be granted. The Court can resolve disputes about child or spousal support, child custody, visitation or property division. Separate support and maintenance actions are also vehicle for asking the Family Court to approve agreement that the parties have reached about these matters.
Our attorney is experienced in the drafting and negotiation of separation agreements. You may decide to hire our lawyer to draft an agreement for you. Alternatively, your spouse might hire an attorney to draft a separation agreement, in which case you may have our lawyer review the agreement with you, and suggest necessary changes to the document, before signing it. In that event, you may also decide to retain our attorney to protect your interests by negotiating changes in the agreement with your spouse’s lawyer.
Contact Matyushevsky Law Group to schedule a consultation today.