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What are the requirements of having a legally enforceable Separation Agreement?

To have a legally enforceable separation agreement, you must get it signed and notarized by both spouses. The signing can be done individually and in front of different notaries. After signing, you must file the signed and notarized separation agreement with the County Clerk. Once filed with the clerk, you and your spouse are required to live separately from each other for a period of one (1) year. If you reconcile, then the Separation Agreement will be voided. Upon completing one year apart from one another, either party may request the Court to issue a conversion divorce based on the filed Separation Agreement which either merges into the divorce decree or survives the divorce decree.


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