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Legal Separation Versus Divorce It's Important to Know Which Is Right for Your Circumstances.

Legal Separation vs. Divorce in NY

Learn the Pros and Cons of Divorce versus Separation

Divorce is the legal dissolution of a marriage. A legal separation is a court order which regulates the rights and duties of each spouse while they live apart, which can be helpful for couples as they attempt to work through personal or financial issues leading up to or in lieu of a divorce.

Couples considering divorce are often asked to first think about a trial separation where the parties live apart while remaining technically married. If you have thought about divorce and need legal advice about divorce vs. separation, then an attorney can provide the counsel you need to make the best decision.

John Virdone, the founding attorney at The Virdone Law Firm, P.C. has been widely recognized as a skilled family law and divorce attorney, having been rated 9.4 out of 10 by Avvo for his passionate advocacy on behalf of his clients and high standing in the legal community. He has also been awarded the Columbian Lawyers Association and the Commission for Social Justice Order Sons of Italy. You can trust him to work hard on your behalf whatever your family law matters are.

What Is a Separation Agreement?

Now to explain the different aspects of divorce vs. separation in NY. Much like a divorce, for a legal separation, the court will need to decide on several key issues of your separation. The terms of the separation can be made permanent if the couple wishes to formally divorce later on.

Issues to be decided by the court include:

One benefit of legal separation is that it allows for the spouses to see how living apart affects their marriage. It should be noted that in New York, couples that live apart for at least one year is recognized by the state as grounds for divorce.

Understand the Benefits of a Legal Separation in NY

When it comes to legal separation vs. divorce, the main difference is that the former is not a distinct legal rupture and end of the marriage. The separation agreement can be used in a later divorce settlement, but this is up to the spouses if they desire to be reconciled.

Another benefit of legal separation vs. divorce is that those benefits which would end for one spouse in a divorce, such as health care coverage, are not lost during a separation. A spouse can still be eligible for certain Social Security benefits while separated. When you need help decided if a legal separation is the right move, speak with a trained divorce lawyer from The Virdone Law Firm, P.C. for critical advice.

The Virdone Law Firm, P.C. can help you decide which choice is best for you during your free consultation, so contact us online or call us at (516) 858-2648 today!