we have 2 kids live in the same house and he wants a separation so that if we dont resolve issues in a year he can file for divorce
New York now has no-fault divorce, so anyone can get divorced just by claiming an irretrievable breakdown in the marriage relationship for more than six months as long as all the collateral issues (custody, support, equitable distribution) are resolved. Your situation probably requires a written agreement, but living apart for one year is no longer a requirement for getting a divorce. If your husband presents you with an agreement, you should have an attorney review it with you. There is no way to otherwise answer this question without knowing all the facts of your situation. This forum is best suited for quick answers to specific questions. For more generalized questions like yours, you should find local counsel and set up an appointment to review all the facts of your case.
We cannot tell you all your rights under a separation agreement here online. We know none of your facts and would be unable to guess. Also, there is no need for a separation agreement if you want a divorce. New York now has a no-fault ground in effect since 2010.
Please do not message me here on Avvo. The original question does not accompany your message so I have no idea what you are talking about. Simply respond as a comment under the question and I'll see the comment and know which question your comment applies to. Always remember I am not establishing an attorney/client relationship with you here and I am not giving you legal advice for your case. I am only providing an education in the workings of the law using your fact pattern as an example and in no way am I helping you prepare your case for court. Further, I do not know your case. If you retained a lawyer, do not use Avvo to second guess your lawyer. Your lawyer knows your facts.
You don't need one. You can just file for divorce. If you make a post nup, or a separation agreement, you must have counsel, to make sure that all your rights are protected and your receive what you are supposed to get in any agreement. Don't sign ANYTHING unless you are represented by counsel.
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