What is legal separation?
Legal separation is a way to dissolve a marriage while keeping the benefits. Technically, the couple is still married. While apart, all parties must follow the agreement set forth. Each separation is different and comes with unique matters to address. For the most part, when the couple decides on marital issues, they can live separately and live their own lives if it doesn’t violate the rules of the agreement. Some of the major matrimonial topics that can be addressed include division of assets, child custody, spousal maintenance, child support, and living arrangements.
As stated above, there are many financial reasons to legally separate. For one, divorce is very expensive. Though there are ways to divorce that save time and money, some couples would rather avoid the cost. Second, if the couple agrees to a separation, they can still file taxes as a married couple, saving a lot of money down the line. Furthermore, because they are still married, they can retain some benefits, including medical coverage and other health care benefits. Though legal separation has many benefits, it only works if the couple does not remarry.
How can I get a legal separation?
There are two ways to become legally separated in the state of New York. Either party has the right to sue the other for legal separation by filing a Complaint for Legal Separation. This comes with a significant financial impact that echoes that of a divorce. Most people execute a Separation Agreement to acquire a legal separation as it saves time, money, and the emotional impact of litigation.
Using a Separation Agreement to legally separate
A popular method of achieving a legal separation is by drafting a Separation Agreement. A Separation Agreement is just a legal contract between parties. A couple can use a mediator or attorney to come to an agreement on all unresolved matrimonial issues. Once a couple agrees to terms, they can have a neutral third party draft it and they can sign it. It must be notarized to make it binding. Once the couple does this, they are legally separated. Though it sounds simple enough, there are many complicated marital issues that can impact the future of each party, including debts, pensions, tax concerns, and real estate. When working through such significant legal matters, it is important to have quality legal support. Our firm offers mediation services to facilitate the negotiations or legal support to protect the rights of one client.
Suffolk County legal separation services
If you are interested in a legal separation, our firm can help. The Law Offices of Susan A. Kassel, P.C. provides both mediation or legal services to clients across Long Island. Our firm has over 20 years of experience helping clients through all divorce and family law matters. To learn more about our firm or the process of obtaining a legal separation, contact The Law Offices of Susan A. Kassel, P.C. for a consultation today.