What is legal separation?

There are some situations in which a couple is having a hard time with their marriage but isn’t entirely sure if they want to actually get divorced. In a case like this, the couple may want to consider becoming legally separated. One of the most important things to make note of is that just because the couple does not live together anymore, they aren’t actually separated.

Physical separation does not mean that you are legally separated in the state of New York. In addition, when you are legally separated, it is important to note that you will still file taxes as if you were married and you will not be able to marry another individual until you have become divorced.

In order to become legally separated, the couple will have to draft a separation agreement. They can choose to do this on their own but it is a safer bet to retain the services of an experienced attorney who can guide you to a fair agreement. The separation agreement will address certain matters such as asset and liability distribution, child visitation agreements, and other things that would also be handled in divorce. When you already have a separation agreement in place and then later down the road you decide that you want to get divorced, it makes it very easy to do so because everything has already been divided and agreed upon.

If you have questions about drafting a separation agreement, it is important that you consult with an experienced divorce and separation attorney who can provide you with assistance.

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.