LEGAL SEPARATION
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
In New York, spouses need to allege grounds to get divorced. In
other words, there needs to be some type of fault alleged (e.g.
adultery or cruel and inhuman treatment are a few) . With a legal
separation, you are not only well your way to getting successfully
divorced, you have also satisfied the grounds aspect required in
New York. Yes, that is correct, a legal separation is in fact a
recognized ground for divorce. The only catch is you must remain
legally separated for a minimum of one full year before divorcing.
A legal separation is an alternative to obtaining a straight divorce
for people who cannot continue to live together, but do wish to end
their marriage. A couple is legally separated after entering into a
legally binding agreement that should be drafted by an attorney
and filed with the Court.
A legal separation is not for everyone, however. In order to obtain
a legal separation, the spouses must reach and sign a Separation
Agreement. That agreement can only be reached with the full
cooperation and consent of both parties. Once the Separation
Agreement has been drafted and signed by the parties, you will
remain legally married while choosing to live separate lives.
What exactly is a Separation Agreement? The separation
agreement is a legally binding contract signed by both spouses. In
the separation agreement, issues such as custody, child support,
spousal support, living arrangements and the division of property
(now or in the future) are resolved. Spouses can get creative with
the terms and the agreement is totally customized to suit your
individual circumstance.
Our office will guide you every step of the way through your legal
separation. I cannot stress how crucial it is to have a skilled family
law attorney draft your agreement. All too many times, spouses
unknowingly forfeit their rights through poorly drafted agreements.
Once you make that mistake, it usually cannot be undone.
other words, there needs to be some type of fault alleged (e.g.
adultery or cruel and inhuman treatment are a few) . With a legal
separation, you are not only well your way to getting successfully
divorced, you have also satisfied the grounds aspect required in
New York. Yes, that is correct, a legal separation is in fact a
recognized ground for divorce. The only catch is you must remain
legally separated for a minimum of one full year before divorcing.
A legal separation is an alternative to obtaining a straight divorce
for people who cannot continue to live together, but do wish to end
their marriage. A couple is legally separated after entering into a
legally binding agreement that should be drafted by an attorney
and filed with the Court.
A legal separation is not for everyone, however. In order to obtain
a legal separation, the spouses must reach and sign a Separation
Agreement. That agreement can only be reached with the full
cooperation and consent of both parties. Once the Separation
Agreement has been drafted and signed by the parties, you will
remain legally married while choosing to live separate lives.
What exactly is a Separation Agreement? The separation
agreement is a legally binding contract signed by both spouses. In
the separation agreement, issues such as custody, child support,
spousal support, living arrangements and the division of property
(now or in the future) are resolved. Spouses can get creative with
the terms and the agreement is totally customized to suit your
individual circumstance.
Our office will guide you every step of the way through your legal
separation. I cannot stress how crucial it is to have a skilled family
law attorney draft your agreement. All too many times, spouses
unknowingly forfeit their rights through poorly drafted agreements.
Once you make that mistake, it usually cannot be undone.
Read more details about Legal Separations: |
The same issues that are addressed during the divorce process are
also addressed in a separation agreement. Issues that are usually
addressed in a separation agreement are the division of assets and
debts, child custody and child support, visitation schedules and
spousal support. A legal separation is used to protect your
interests until the decision is made to file for divorce. The
separation agreement also sets a precedence for the divorce that
may follow. If you divorce after a separation and your case goes to
court, a judge is likely to assume that since you were satisfied with
the legal separation agreement, the agreement should carry over
to the divorce settlement agreement. For that reason, it is
important that you come to a separation agreement you can live
with long term.
Advantages to a Legal Separation. Although a legal separation and
divorce have, many things in common there are some advantages
to obtaining a legal separation rather than obtaining a divorce. A
legal separation allows a couple some time apart. The time away
from the conflict of the marriage provides the couple time to decide
if divorce is what they truly want. Spouses are free to reconcile at
anytime during the period of separation without having to go to
court or get remarried.
Additionally, a legal separation allows for a spouse the right to
retain medical insurance benefits and certain other benefits that a
divorce would bring a swift end to.
Some people’s religion speaks harshly about divorce. If your
religious beliefs conflict with the idea of divorce, a separation
allows you to live separately while retaining your marital status for
religious beliefs.
A separation allows you two other important benefits not provided
by divorce. If you are a military spouse, you may wish to remain
married for 10 years so that you can take advantage of benefits set
up by the Uniformed Services Former Spouse Protection Act.
Remaining married for 10 years or more also brings with it
advantages related to gaining social security benefits for a spouse.
If the decision to divorce is made, the legal separation agreement
can easily be converted into a divorce settlement agreement.
There is no maximum time limit attached to a legal separation. In
fact, there have been many reported instances where spouses
remain legally separated without divorcing until their passing.
also addressed in a separation agreement. Issues that are usually
addressed in a separation agreement are the division of assets and
debts, child custody and child support, visitation schedules and
spousal support. A legal separation is used to protect your
interests until the decision is made to file for divorce. The
separation agreement also sets a precedence for the divorce that
may follow. If you divorce after a separation and your case goes to
court, a judge is likely to assume that since you were satisfied with
the legal separation agreement, the agreement should carry over
to the divorce settlement agreement. For that reason, it is
important that you come to a separation agreement you can live
with long term.
Advantages to a Legal Separation. Although a legal separation and
divorce have, many things in common there are some advantages
to obtaining a legal separation rather than obtaining a divorce. A
legal separation allows a couple some time apart. The time away
from the conflict of the marriage provides the couple time to decide
if divorce is what they truly want. Spouses are free to reconcile at
anytime during the period of separation without having to go to
court or get remarried.
Additionally, a legal separation allows for a spouse the right to
retain medical insurance benefits and certain other benefits that a
divorce would bring a swift end to.
Some people’s religion speaks harshly about divorce. If your
religious beliefs conflict with the idea of divorce, a separation
allows you to live separately while retaining your marital status for
religious beliefs.
A separation allows you two other important benefits not provided
by divorce. If you are a military spouse, you may wish to remain
married for 10 years so that you can take advantage of benefits set
up by the Uniformed Services Former Spouse Protection Act.
Remaining married for 10 years or more also brings with it
advantages related to gaining social security benefits for a spouse.
If the decision to divorce is made, the legal separation agreement
can easily be converted into a divorce settlement agreement.
There is no maximum time limit attached to a legal separation. In
fact, there have been many reported instances where spouses
remain legally separated without divorcing until their passing.