Legal Separation in New York
Before New York allowed for a “no fault” divorce a legal separation was used as ground of divorce for those couples not wanting to assign blame to the other party. Couples would file legal separation papers, wait a year, and then the divorce could be granted. Now a New York divorce attorney legal separation filings have diminished to the very rare occasion. Couples may use legal separations when they do not wish to be divorced but also need to have some financial security while being apart. Or sometimes, one spouse will choose to allow a temporary legal separation so that the other spouse may maintain benefits such as healthcare. The legal separation documents will look similar to settlement documents in that they divide up aspects of bill payments, custody, visitation, and financial support for all parties involved in the marriage.
Legal separation agreement should be filed with your attorney
Legal separation is just that—a separation, not a divorce. If you work things through, it is not binding, it is not even a lead up to divorce. Sometimes couples just need a period with space to sort through whatever issues they have with the relationship. Many times legal separation is used when one spouse has a drug or alcohol disorder and children are involved. The spouse will stay away from the house, go to rehab, etc. with the agreement in place to care for the family left behind. Essentially, a legal separation is not necessarily the end of something, although it can be.
When you are ready to file for your legal separation in New York, call us to speak to one of our Brooklyn divorce lawyers or Manhattan divorce attorneys about your intentions. Legal separations are relatively inexpensive and quick to conceive, and they are also less extreme and permanent than a divorce. Call Bruce Provda today for a consultation on your legal separation in New York.