961 Broadway, Suite 115
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.


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.

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(516) 268-7077


  • What grounds do I need to file for divorce?
    • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
  • Do I file a contested divorce or an uncontested divorce?
    • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
  • How much does the divorce process cost?
    • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
  • How long before I am officially divorced?
    • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

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