Unlike divorce, which legally ends the marriage, legal separation allows a couple to live apart while remaining legally married. After a legal separation, either spouse can file for divorce at a later time without having to go through the same separation process again.
To begin a legal separation in New York, you must file a Separation Agreement with the court.
This agreement outlines important aspects of the couple's separation, such as:
Spousal support (alimony)Division of property and debts
Child custody and visitationChild supportHealth insurance and other benefits
If both spouses agree on the terms of the separation, the process can be relatively straightforward. However, if disagreements arise, the court may intervene to make decisions based on the best interests of both parties, including children.
Legal separation is often seen as a stepping stone toward divorce. However, it also allows couples to take time apart to determine if reconciliation is possible. If you decide to divorce after a separation, the terms established in the Separation Agreement can be used as the basis for the divorce settlement, streamlining the process.
Couples who are uncertain about divorce may prefer legal separation to see if they can resolve their issues and potentially reconcile.
Legal separation can provide important legal protections, including ensuring that both spouses fulfill financial and custodial responsibilities during the separation period.
In some cases, a spouse may still be able to remain on the other's health insurance plan during a legal separation, whereas a divorce would end that coverage.
If you are unsure if you want a divorce, but are not ready for a full divroce.
A licensed attorney will walk you through what you maybe entitled to in a separation or in a divorce.
If you and your spouse do not agree on the terms of the separation a lawyer can negotiate with the other party and help you reach an agreement.
If you are legally separated and want to convert your separation into a divorce our attorneys can help.
Any legal action can be complicated. Having a lawyer who knows the law, and has filled out the paperwork before can help.
A legal separation can seem expensive to some, but we offer multiple financing options to help make it affordable.
If your spouse does not agree with you, or cannot reach an agreement with you court may become the only option.
The court’s approval is not guaranteed; you need to make sure that the terms of the separation are something the court will approve.
We have extensive experience in handling general uncontested divorce and those cases that require substituted service, ensuring that all legal requirements are met.
Our team will assist you through each step, from conducting the diligent search to filing the necessary motions with the court.
We handle the complexities of substituted service, allowing you to focus on the next steps in your divorce.
If you’re unsure if you need a divorce but know something has to change, we’re here to help. Contact us today to discuss your situation and learn how we can guide you through the separation process in New York.
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