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Woodmere, NY 11598

(516) 268-7077

Legal Separation

Legal Separation Lawyer in Long Island, NY

When couples are unsure if a divorce is the right solution,
they might consider a separation, which facilitates the
opportunity to work out their marital problems while living
apart. Debts and assets are divided, and the approach to
custody would be established, but they are still legally
married. Legally separating also protects spouses from
potential liability from one another.

Residency Requirements

Before You Can Move Forward With Separation, You Must Meet The State’s Residency Requirements. Below Are The Primary Options:

  • The Spouses Lived In New York As A Married Couple, And Either Party Was A New York Resident For At Least A Year
    When The Filing Occurs
  • The Grounds For Separation Occurred In New York, And At Least One Spouse Was A New York Resident For At Least A Year
    Before Filing.
  • One Or Both Spouses Was A New York Resident For At Least Two Years Before Filing.
  • One Or Both Spouses Was A New York Resident For At Least Two Years

Draft A Separation Agreement

Like Any Other Contract Between Parties Are Legally Binding When Signed And Notarized By Both Spouses. A Separation Agreement Can Be Enforced If Either Spouse Violates The Terms.

Finalization

After A Year, If You And Your Spouse Decide That You Cannot Repair The Marriage, You Or Your Spouse Can File For A Divorce Based On Your Separation Agreement. It Is Known As A Conversion Divorce And, Using This Method, No Grounds Based On Default Or Legal Reasons To Grant A Divorce Are Necessary.

Call Us- We Are Here To Help If We Can Help Support You During This Time,

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(516) 268-7077

FAQ’s

  • What is legal separation?
    • Legal separation is when you stop living with your spouse but live according to the terms set out in a voluntary agreement, but your marriage is not over. In the absence of an agreement you are not legally deemed separated. Additionally:
      • If a spouse violates the agreement, family court can enforce it. 
      • Couples choose this option often because:
      • They are unsure if they want a divorce
      • They cannot afford divorce
      • Benefits, such as health insurance
  • How can you obtain a legal separation in New York?
    • You and your spouse enter into a Separation Agreement. The agreement must include specific language. The agreement must be carefully drafted so that it accurately reflects your intentions and is enforceable in the future. You obtain a Judgment of Separation. An action for separation proceeds similarly to an action for divorce.
  • What kind of issues are typically in the agreement?
    • Matters such as:

      • child support, custody and visitation
      • maintenance/alimony
      • who stays in the house
      • division of property issues (marital assets and liabilities) and
      • many other provisions that may be unique to your situation as long as they’re not prohibited by law

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