How is legal separation different from divorce?

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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. 

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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