Long Island Legal Separation Attorney
What Is a Separation Agreement in NY?
Prior to August of 2010, those seeking divorce in New York were required to establish grounds for divorce. In the absence of these grounds, parties could complete a separation agreement and live "separate and apart" for one year and then file for divorce. This is known as a "separation agreement.
Issues to be decided by the court for a legal separation include:
Much like a divorce, the court will need to decide on several key issues of your legal separation. The terms of the separation can be made permanent if the couple wishes to formally divorce later on. One benefit of legal separation is that it allows for the spouses to see how living apart affects their marriage before deciding on an official divorce.
Legal Separation vs. Divorce – Pros & Cons
Although in many cases a separation agreement is intended to be the first step toward a divorce, it can also serve as a "cooling off period" during which time the parties can make a final determination if ending the marriage is what is truly desired. Separation agreements may be negotiated by the parties through their divorce attorneys or a separation judgment can be granted by the Court.
- 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.
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.
Separation Agreement Attorneys in Long Island, Queens County & Suffolk County, NY
In either case, many matters can be addressed such as the division of property and assets, support and custody. A Nassau County divorce attorney who practices in this area will be best suited to draft an agreement that serves not only as a separation agreement that will hold up in court if challenged but as the basis for the terms of a future divorce settlement. If done properly at the outset, then time, money, and emotional strife can be avoided.
A divorce and family law attorney at The Virdone Law Firm, P.C. can help you in drafting an agreement that addresses your unique needs and concerns. We can also help you in filing for divorce after living one year under your separation agreement, if that is what you and/or your spouse decide is best. We represent clients in Nassau County, Queens County and Suffolk County and offer an initial consultation to help you get started.
Contact a separation agreement lawyer at our law offices to discuss your case.
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