Separation Agreement Lawyer Brooklyn

Not every Brooklyn couple who decides to live apart is ready to file for divorce immediately, and New York law provides a formal path for that period through a written separation agreement. Kings County Supreme Court recognizes a separation agreement as more than an informal understanding between spouses; it is a contract, negotiated and signed by both parties, that addresses property division, support, and, subject to the court’s review of the child’s best interests, custody and parenting terms. Once a Brooklyn couple has lived apart for six months or more under a written, acknowledged separation agreement, and has substantially performed its terms, that agreement can become the basis for a divorce under one of the seven grounds enumerated in DRL §170. This route allows spouses who have already resolved the practical terms of their separation to convert that agreement into a final divorce judgment without relitigating issues they settled between themselves. Law Offices Of SRIS, P.C. assists Brooklyn clients with drafting, reviewing, and negotiating separation agreements, and with using a properly executed agreement to support a later divorce filing in Kings County. Because a separation agreement carries long-term consequences for property and support, and because it must meet specific written and acknowledgment requirements to be effective, careful drafting at the outset can prevent disputes later. To discuss a Brooklyn separation agreement, call (888) 437-7747 to schedule a consultation.

On this page

What a Separation Agreement Means in Brooklyn

A separation agreement is a written contract between spouses that resolves the financial and, where children are involved, parenting terms of a separation without requiring an immediate divorce filing. In Kings County, as elsewhere in New York, spouses negotiate and sign the agreement themselves, addressing issues such as division of property, spousal support, and child-related terms, with custody and parenting provisions always subject to the court’s independent review of the child’s best interests rather than simply the parties’ private agreement. DRL §170 sets out the grounds on which a New York court may grant a divorce, and it enumerates seven separate grounds, including the no-fault ground under DRL §170(7) and the separation-agreement ground under DRL §170(6).

Under DRL §170(6), a divorce may be granted where the spouses have lived apart for six months or more under a written agreement of separation, or a memorandum of separation filed and recorded as required by the statute, and where the party seeking the divorce has substantially performed the terms of that agreement. This means the separation agreement itself must be in writing and properly acknowledged, similar to the formality required for a deed, before it can serve as the basis for a divorce filing under this ground. It also means the couple must actually live apart for the statutory period and largely follow through on what they agreed to, such as making support payments or complying with property terms, before the agreement can support a divorce judgment under DRL §170(6).

For Brooklyn couples, this creates a practical option: rather than filing for divorce immediately, spouses can negotiate and sign a separation agreement, live under its terms for the required period, and then use it to obtain a divorce judgment in Kings County Supreme Court. Because the agreement becomes the operative document governing property and support, the drafting process deserves the same care as litigating those issues directly.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Separation Agreement Cases

Mr. Sris and the firm’s Of Counsel attorneys assist Brooklyn clients with negotiating, drafting, and reviewing separation agreements before either spouse signs. Because a properly executed agreement must be in writing and acknowledged to satisfy DRL §170(6), the firm pays close attention to the formalities of execution alongside the substance of the terms, so that the agreement is positioned to support a later divorce filing in Kings County Supreme Court if the parties choose that path. The firm reviews proposed property division, support terms, and any parenting provisions with an eye toward how a court would later assess them, particularly custody and parenting terms, which remain subject to the court’s independent best-interest review regardless of what the parties agree to privately.

For clients who already have a signed separation agreement and have been living under its terms, the firm evaluates whether the agreement and the parties’ conduct meet the substantial-performance requirement of DRL §170(6), and helps prepare the documentation needed to convert the agreement into a final divorce judgment. For clients still negotiating terms, the firm works to see that the agreement addresses the issues that matter most in a given case, including how property will be divided and what support arrangements will apply, with the goal of an agreement that holds up if it is later presented to Kings County Supreme Court as the basis for divorce. The firm practices in matrimonial law throughout the jurisdictions where its attorneys are admitted, and brings that same approach to Brooklyn clients considering a separation agreement as an alternative to immediately litigating a divorce.

About the Firm

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He brings a background from George Mason University in accounting and information systems to the practice, a foundation applied to complex financial and technology-related cases. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He works alongside the firm’s Of Counsel attorneys, and this page refers to them collectively, together with Mr. Sris, as Mr. Sris and the firm’s Of Counsel attorneys, rather than naming individual attorneys. The firm’s matrimonial practice includes separation agreements, divorce, and related family law matters for clients connected to Kings County.

The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032. The firm does not maintain a physical location in Brooklyn or elsewhere in Kings County, and Brooklyn clients are served by appointment, with scheduling handled by phone. This arrangement allows the firm to represent clients across the New York counties where its attorneys are admitted, including Kings County Supreme Court matters, without operating a separate location in each county. A Brooklyn resident considering a separation agreement can call the firm to discuss scheduling an appointment to review the terms under consideration.

Frequently Asked Questions

What is a separation agreement under New York law?
A separation agreement is a written contract between spouses that addresses how they will handle property, support, and, where applicable, parenting arrangements while living apart. It is negotiated and signed by both spouses rather than ordered by a court. Under DRL §170(6), a properly executed separation agreement can later serve as the basis for a divorce, but the agreement itself is a private contract first. Custody and parenting provisions in a separation agreement remain subject to the court’s independent review of the child’s best interests, even though the parties negotiated those terms themselves.

How long do we need to live apart before a separation agreement can support a divorce?
DRL §170(6) requires that the spouses have lived apart for six months or more pursuant to a written, acknowledged separation agreement, or a memorandum of that agreement filed as required by statute. The party seeking the divorce must also show substantial performance of the agreement’s terms during that period. If the couple has not yet reached six months of living apart under the agreement, or has not substantially performed its terms, this specific ground for divorce is not yet available, though other grounds enumerated in DRL §170 may apply depending on the circumstances.

What formal requirements must a separation agreement meet under DRL 170(6)?
The agreement must be in writing and acknowledged in the manner required to entitle a deed to be recorded, or the parties may instead file a memorandum of the agreement that meets the same acknowledgment standard. An informal or unwritten understanding between spouses does not meet this requirement, no matter how consistently the parties follow it. Because the acknowledgment requirement is a formal legal standard, spouses drafting a separation agreement they intend to rely on for a future divorce filing should confirm the document is executed correctly at the time of signing.

Can a separation agreement include custody and parenting terms?
Yes, a separation agreement can address custody and parenting arrangements along with property and support. However, unlike financial terms, custody and parenting provisions are always subject to the court’s independent review under the best-interests standard, meaning a court is not simply bound by whatever the parents agreed to if presented with a custody dispute later. Property and support terms in a properly executed agreement generally carry more binding weight between the parties, though a court retains authority to review support obligations affecting a child as well.

Is a separation agreement the only way to get divorced in New York?
No. DRL §170(6) is one of seven grounds enumerated in DRL §170 on which a New York court may grant a divorce, including the no-fault ground under DRL §170(7), which does not require a separation agreement at all. Spouses without a signed separation agreement, or who have not yet lived apart for the required period under one, may still have divorce options available depending on their circumstances. Which ground applies to a specific case depends on facts that are best reviewed individually.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.