How is legal separation different from divorce?
When a couple realizes that their marriage is no longer working, they may start to consider their options in terms of ending the marriage. While many couples head right towards divorce, others choose a legal separation. There are many different reasons that a couple would choose legal separation over divorce, some of which include the following:
- Religious beliefs are very opposed to divorce
- The couple wants to continue filing taxes as a married couple
- The couple would still like to utilize health insurance and medical coverage benefits
- The couple would like to leave the door open for a future reconciliation
There are two ways to become legally separated in the state of New York. One spouse may sue the other through a Complaint for Legal Separation or the couple may choose to work together to create a Separation Agreement. The Separation Agreement may include all unresolved marital issues, such as child custody, child support, the division of assets, spousal maintenance, and more. 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. When the couple does this, they are legally separated.
If you have questions about becoming legally separated in New York State, contact our firm today.
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
