12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
Get the New York Legal Documents You Need in Only Minutes!
  • Written by expert Attorneys
  • Guaranteed for your State
  • Personalized for your situation
  • Finish and print in minutes!

What are some of the requirements for a divorce settlement agreement to be valid in Zip Code 12210

What are some of the requirements for a divorce settlement agreement to be valid in Zip Code 12210

Your divorce settlement agreement should follow the basic contract rules and requirement of the court plus all applicable state laws.

What does "illegal reason" mean?

You cannot have illegal reasons included in your agreement meaning that you can't stipulate anything that breaks the state requirements. For example, you cannot place conditions that terminate child support if your children play certain sports, or don't play certain sports. Child support is required and cannot be stopped. As another example, dangerous or illegal behavior such as selling drugs or fencing stolen property cannot be part of a property settlement.

State laws vary, but the divorce agreements in 12Law.com incorporate state laws, so check out the free preview. A divorce settlement agreement is a contract and must meet basic contract rules and requirements or the court will not accept it.

What are some of the requirements for a divorce settlement agreement to be valid?

A divorce settlement agreement must be negotiated without duress or threats. It should be fully free and fair negotiated in good faith by both parties. It must avoid "sign or you will never see your kids again" kind of aggressive behavior. The requirements should also focus on the children because they don't have much say in the process, but they are directly affected. The courts and state law go to great lengths to provide for the protection of the rights of children who are undergoing the divorce of their parents. The laws of the state for the rights of children are as follows but not limited to: • Continuation of relationship with both parents • Be treated like a human being and not as a property. This means recognizing the unique individuality of each child as well as his or her ideas, feeling and desires • Care and guidance of both parents • Not being influenced by one parent to see the other parent differently • Freedom to express love, respect, and friendship to both parents and never having to hide or be ashamed of such emotions • Making an explanation why parents are divorcing and emphasizing their actions are not the cause of their divorce • Letting the child understand that they are not the source or cause of their parents' divorce • Giving the child continuous and honest feedback regarding the divorce process and the impact it may cause in the changing relationship within the family • Continued contact with the children and apparent explanations in any changes in plans or cancellations • Parents should not imply any manipulative bargaining tool for the children to enjoy a positive relationship with each parent

What if I suspect that my spouse is hiding something?

Anything that can be construed as "hiding something" can represent fraud and will invalidate the agreement. Once proven, this move can hurt credibility in the eyes the judge or the court. Being transparent and open about everything is essential when it comes to divorce. Agreements should be valid and without any "fraud in the inducement" that can result in signing a document without knowing the underlying facts.

Can I present an agreement to my spouse and make him or her sign it?

An "agreement" means that both parties sign voluntarily, without duress or coercion. You cannot force your spouse to sign a divorce settlement agreement or compel an agreement to the terms you wish to impose on him or her in the agreement. Negotiations should result in a "win-win" outcome. Be fair. Consider not only your own wishes but also those of your spouse. This can be difficult during the emotional turmoil that accompanies the end of a marriage, but it will help both spouses transition to a more positive future. Setting aside hostilities with one another and focusing on reaching a mutually beneficial agreement should be done especially if you have children to think about. Their welfare should be given great consideration. Divorce ends the bond of marriage, but the bond of parenthood stays forever. If a couple negotiates an agreement, will it be automatically approved by the court? Not necessarily. The court will still review the details of the agreement, trying to make certain that all important issues considered, negotiated, and agreed upon by both persons. The judge does not want to overlook anything that can lead to modifications and appeal in the future, as one or both parties think more deeply about critical issues such as property division, debts, child custody, child support, visitation, debt, alimony, insurance, taxes, etc.

Why does the Judge scrutinize the agreement?

A divorce settlement agreement should be mutually fair to both spouses. The judge will do all that he or she can to make sure the agreement is not a product of overreaching, duress, or fraud. A one sided contract is generally not conducive to a positive long-term outcome and is sometimes the result of one party being more aggressive and the other party more passive. The court gives extra consideration when the couple has children. Issues like child support and child custody and what is best for the children in general are of paramount importance.

Can the divorce settlement agreement specify how the parties will file taxes after divorce?

Yes. As long as the couple remains married, they may file federal and state taxes either jointly ors eparately. The divorce can include an agreement on the tax filing status of the parties.

How does the marital separation agreement affect the divorce settlement agreement?

A marital separation agreement can be "merged" or "incorporated" into the divorce agreement or court judgments. "Merged" means the marital separation settlement agreement has been adopted by the court as a part of the divorce or divorce decree or judgment. An "incorporated" agreement, on the other hand, leaves the marital separation agreement as a stand-alone document and is "incorporated by reference" only into the divorce judgment or decree of the court.

What the difference between merged and incorporated?

The marital separation agreements legal function is basically the same whether it is merged or incorporated into the divorce judgment. The contract's expectations should be fulfilled. The difference will be apparent depending on the issues that can arise from the agreement. The agreement can be merged when it becomes a court order that can result to punishment or inducement. When the contract is incorporated it has a different remedy for noncompliance if the contract is breached.

How are "merged and" incorporated" different?

In a merged agreement, you can only file suit on the entire merged agreement. You cannot single out the terms of the divorce agreement. In an incorporated agreement, the marital settlement agreement stands alone as a contract and you can file suit on that agreement individually. Noncompliance with a merged contract can result to a suit for breach of contract that can force compliance. This is enforced by the court, but if you don't initially comply it can lead to contempt of court that can land a defendant in jail.

Is a merged divorce settlement agreement better?

It all depends upon on what you are trying to accomplish. Merged agreements are no longer independent which means they cannot be sued upon as contracts and will be enforced only as a court order. Having a merged agreement will prevent the right to sue for breach of that contract individually which may not be what you want.

Does the" independent life" of an agreement have any effects on the decree?

A great deal of significance can occur if you want to modify an agreement, may it be merged or incorporated. Since a merged agreement is considered a court order, courts orders are subject to modification and that includes custody and support. When the agreement is totally merged, even maintenance and alimony is completely modifiable. If you want your modification difficult you can opt to have your agreement incorporated rather than merged in order to work it on your advantage.
 
Download & Print a Free NY Last Will Personalize This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
 
Download & Print a Free NY Living Will Personalize This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
  Answer Easy
Questions
answer simple questions online step by step
Easy Questions, Instant Documents
  • Finish in Minutes
  • Download Immediately
  • Written by Attorneys
  • 100% Guaranteed
  Get Instant Legal
    Documents

Print, save or email your finished legal document immediately!
Last Will & Testament
Related Legal Services near Zip Code 12210
Dreyer Boyajian
75 Columbia St
Albany, NY 12210
(518) 463-7784
Attorneys,  Criminal Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Appellate Practice Att
Whiteman Michael Lwyr
1 Commerce Plz
Albany, NY 12210
(518) 487-7738
Attorneys
Koehler-Guilbault Kristin Lwyr
1 Commerce Plz
Albany, NY 12210
(518) 487-7734
Attorneys
Dunne John R
99 Washington Ave # 1900
Albany, NY 12210
(518) 487-7628
Attorneys
Levine Howard A
99 Washington Ave # 1900
Albany, NY 12210
(518) 487-7600
Attorneys
Mc Carthy William M
60 S Swan St
Albany, NY 12210
(518) 434-6141
Attorneys, Legal Service Plans
Plummer Daniel G
111 Washington Ave # 602
Albany, NY 12210
(518) 463-5949
Attorneys, Legal Service Plans
Vanguard Corporate Svc Ltd
307 Hamilton St # 307
Albany, NY 12210
(518) 436-5616
Attorneys, Legal Service Plans, Attorneys Referral & Information Service
Linnan James D
61 Columbia St # 300
Albany, NY 12210
(518) 449-5400
Attorneys, General Practice Attorneys, Legal Service Plans, Accident & Property Damage Attorneys, Pe
Linnan & Fallon
61 Columbia St
Albany, NY 12210
(518) 449-5400
Criminal Law Attorneys,  Malpractice Law Attorneys,  Accident & Property Damage Attorneys,  Personal
Pastel and Rosen
130 Washington Ave
Albany, NY 12210
(518) 462-4715
Attorneys, General Practice Attorneys, Legal Service Plans
Rosetti Fernande
101 Columbia St
Albany, NY 12210
(518) 465-3808
General Practice Attorneys, Attorneys
Kirk, Ralph M - Ralph M Kirk Law Offices
75 Columbia St
Albany, NY 12210
(518) 374-3306
Labor & Employment Law Attorneys, Attorneys, Social Security & Disability Law Attorneys
Allstate Corporate Svc Corp
99 Washington Ave # 1008
Albany, NY 12210
(518) 462-3258
Attorneys Referral & Information Service, Attorneys
Coxeter Daniel T
79 Columbia St
Albany, NY 12210
(518) 463-2927
General Practice Attorneys, Attorneys, Legal Service Plans
Gilberti Stinziano Heintz
111 Washington Ave
Albany, NY 12210
(518) 476-2001
Environment & Natural Resources Law Attorneys, Attorneys
Faucher Gregory D
111 Washington Ave # 600
Albany, NY 12210
(518) 476-2001
General Practice Attorneys, Attorneys
Lombardi Jr Tarky
111 Washington Ave # 600
Albany, NY 12210
(518) 476-2001
General Practice Attorneys, Attorneys
Mc Glinchey Stafford
194 Washington Ave Ste 600
Albany, NY 12210
(518) 432-1200
Estate Planning Attorneys,  Attorneys,  Tax Attorneys,  Business Law Attorneys,  Real Estate Attorne
Steven U Teitelbaum
111 Washington Ave
Albany, NY 12210
(518) 432-1084
General Practice Attorneys, Attorneys
Lightning Legal Svc
299 Hamilton St Ste 1
Albany, NY 12210
(518) 463-1049
Attorneys Referral & Information Service, Legal Service Plans, Attorneys
National Corporate Research
194 Washington Ave # 310
Albany, NY 12210
(518) 434-0938
Attorneys Referral & Information Service
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US