Legal Separation in New York: How Does it Work?

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Some married couples wish to end their union, but find that divorce is not an option. In this case, a legal separation may be the solution. Couples choose legal separation for a variety of reasons, such as financial or religious. Many people may not know that legal separation is an option. Others are unsure of the difference between legal separation and divorce. Read on to learn more about legal separation and its benefits. Whether you are interested in legal separation or divorce, it is important to choose the right legal representation for you and your case.

What is a Legal Separation?

Legal separation allows a couple to dissolve their marriage, while still maintaining the benefits. While the couple is separated, they are technically still married, and therefore must follow a set of agreements they have set forth. Because each couple is different, each separation will be different. The major topics to address tend to be division of assets, child custody, and child support, among other issues.

Why Get a Legal Separation Instead of a Divorce?

A legal separation can be highly beneficial. Divorce can be vey expensive and time consuming. Additionally, a separated couple can still file taxes as a married couple. The couple can retain other benefits, including medical coverage. While legal separation has many benefits, it is only valid if the couple does not remarry, so make sure to take that into account when making your decisions.

What is the Process of a Legal Separation?

You may sue your spouse by filing a Complaint for Legal Separation. This option can be expensive and may have a serious financial impact, similar to that of a divorce. To save time and money, most couples execute a Separation Agreement. A Separation Agreement is a legal contract between the parties involved. Once the couple agrees on the conditions of the agreement, they may have a neutral third party draft it. They can then sign it and have it notarized. The agreement must be notarized in order to make it binding. While a legal separation is a good option for some couples, it can still be a complicated process. There are many aspects to consider, such as pensions, tax concerns, debts, and more. That is why it is important to have skilled and knowledgable legal representation to guide you through the process.


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.

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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