If your marriage is struggling and you are not quite ready for a divorce, you might want to consider a legal separation. Please continue reading to learn whether New York law allows for legal separation and why you should consult with an experienced Suffolk County Divorce Attorney during these difficult times.
Is Legal Separation Available in New York?
If you wish to separate from your spouse in New York legally, you can do so by initiating a procedure known as an “action for separation.” Through this process, a court case will be started based on grounds similar to what you would allege if you were seeking a divorce. Once the case concludes, the court will issue a Judgement of Separation.
Essentially, this process can resolve all the issues you would address in a divorce. However, you will still be married after you obtain a legal separation. It’s important to note that only an absolute divorce can formally dissolve your marriage. Nevertheless, couples can also enter into a separation agreement which has the same results as an action for separation, but it doesn’t involve the courts.
What Are the Elements of a Separation Agreement?
A separation agreement is a legally binding contract that details the terms of a couple’s separation. The agreement becomes enforceable in court upon signing, ensuring that both parties adhere to the outlined terms. Similar to an action of separation, this agreement resolves issues addressed in divorce like custody and parenting time, child support, alimony, and distributing the couple’s property.
When you pursue a separation agreement, you and your spouse have control over the timetable to negotiate favorable terms. Since a separation agreement is a legally binding contract, you can use the court to enforce it, if necessary. If you eventually decide to get divorced, you can incorporate the agreement into your final divorce judgment. This will make resolving your divorce much simpler because you have already resolved the major issues in advance.
Should I Consult an Attorney?
Although not mandatory, securing quality legal support when pursuing a legal separation can be invaluable. Given the complexity of the issues addressed in a separation agreement, which are similar to those in a divorce, attempting to resolve them without a solid understanding of family law could have negative consequences on your future. Therefore, for your protection, it’s advisable to engage a knowledgeable Suffolk County divorce attorney.
At the Law Offices of Susan A. Kassel, P.C. we are prepared to help you make informed decisions, advocate for your rights, and ensure a fair and equitable outcome for your family. Connect with our firm today to learn how we can fight for you.
