Legal Separation in New York

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What is a Legal Separation?

New York recognizes that sometimes spouses do not want to rush to divorce. As a result, the option of a legal separation is available to spouses who want to live separate and apart to try and work on their marriage. With a legal separation, spouses can enter into a separation agreement, which is a written agreement that outlines the terms of the separation and is then voluntarily signed by the spouses.

What Can be Included in a Separation Agreement?

Spouses who wish to separate can outline the terms of their separation in a separation agreement. Spouses may include a number of different issues in the agreement and clearly identify their respective rights and obligations. Some of the issues spouses may wish to include in a separation agreement include, but may not be limited to:

  • Who will live in the marital residence;
  • Who will be responsible for which debts;
  • Child support;
  • Child custody and visitation;
  • Health insurance;
  • Spousal support;
  • Childcare costs;
  • Education costs; and/or
  • Other liabilities and expenses.

Do I Need an Attorney for a Separation Agreement?

Even though a separation agreement does not involve the courts, its a good idea to retain an separate attorneys. An attorney can help draft the agreement and make sure each spouse understands what they are agreeing to. Separate attorneys can help ensure their cleint’s respective interests are met and that the final agreement is fair.

Can a Separation Agreement be Challenged in Court?

Under certain circumstances, a spouse may be able to challenge the validity of a separation agreement. A spouse may request a  court review the separation agreement  if he or she:

  • Feels the agreement is unfair;
  • Suspects that assets were hidden or omitted from the agreement;
  • Felt coerced into signing the agreement; and/or
  • Believes the agreement to be inequitable.

If you are considering a legal separation, contact an experienced family law attorney today.

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. 


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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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