Legal Separation

Rockland County Legal Separation Attorney

Young couple after quarrel sitting on sofaHelping couples pursue legal separation in New York

Often, people who need a marriage to end will choose divorce. Depending on the situation, they will often decide between a court case or alternative dispute resolution to resolve the matter. In some cases, a couple will decide to avoid divorce and pursue a legal separation. Some people do not believe in divorce because of religious beliefs. Others choose legal separation to retain some marital benefits, like health insurance. Sometimes the motivating factor is the idea that one day they may be able to reconcile and both want to leave the door open to the possibility of a future relationship. Whatever the case, a legal separation may be the right choice for some and our firm is here to help. If you need quality guidance on the path to a legal separation, contact The Law Offices of Mark S. Paige, P.C. Our firm appreciates that divorce may not be your choice and will do everything to make the transition as smooth as possible. Contact our firm for a consultation.

How you can acquire a legal separation in New York State

In general, there are two ways in which a couple can obtain a legal separation in New York. The first method is by suing the other party for a legal separation. A person has the right to file a Complaint for Legal Separation with the local court. This method is rarely used because the time consumed and the cost attached is so similar to starting a divorce, many would rather just get a divorce or pursue easier ways of achieving the same. Most couples in New York that want to end their relationship with a legal separation will do so through a separation agreement.

What is a separation agreement?

A couple can acquire a legal separation through a separation agreement. Whether they achieve their goals with the assistance of a mediator, an attorney, or through their own cooperation, a separation agreement is often the most efficient way to legally separate. This document is simply a legal contract between parties. Once they agree on the outstanding issues normally addressed in a divorce, they or a legal professional can draft a legal separation detailing the agreement. Though some separations can be quite simple, it is not always the case. When debts, pensions, tax concerns, and real estate matters complicate a legal separation, it may be best to retain the services of an attorney or mediator to ensure that all issues are addressed in a fair manner. When the separation agreement is drafted, both parties will sign in front of a notary public, making the agreement binding. At that point, the couple can consider themselves legally separated. In the future, if either party wants to pursue a divorce, they can do so because this document exists.

Contact a law firm with legal separation experience

The Law Offices of Mark S. Paige, P.C. has over 25 years of experience guiding couples through legal separation. If you need an experienced mediator to help you come to an agreement, contact our firm. If you are engaged in mediation and need legal support to ensure you’re not being exploited, contact our firm to protect your future. If you need a legal professional to help you draft a separation agreement, we would be happy to do so. For skilled legal services, contact The Law Offices of Mark S. Paige, P.C. for a consultation to discuss your situation.