Legal Separation in NY

When a marriage is struggling to survive, the couple may start to consider a number of different options. While some couples may want to opt for a divorce immediately, others may decide that it would be better for them to simply become legally separated under New York State law. There are many reasons that a couple would choose to become legally separated instead of getting a divorce. Some of these reasons may include the following:

  • Divorce is opposed by the couple’s religious beliefs
  • The couple would like to leave the door open for a future reconciliation
  • The couple would like to continue obtaining certain marital benefits, such as health insurance

What is the process of legal separation in NY?

Many people wonder whether the process of becoming legally separated is similar to getting a divorce. There are two possible ways that a couple can become legally separated:

  1. One spouse can sue the other for a legal separation and will do so by filing a Complaint for Legal Separation with the local court. This process is very similar to a divorce and is rarely utilized.
  2. The couple can work together to create a separation agreement through mediation, an attorney, or on their own.

What is included in a separation agreement?

A couple can choose to include the same matters that are addressed in a divorce in their separation agreement. Some of these matters can include child custody, the division of assets, child support, spousal support, and more.

If you have questions about becoming legally separated in the state of New York, contact our firm today.

Our firm proudly serves clients throughout Rockland County, New York when they require compassionate and effective legal guidance. If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.