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Legal Separation in New York

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Many people are unaware of other options to separate from their partner legally. Divorce is not the only option in the state of New York. There are two ways to legally separate, the most common is entering into a legal separation agreement. The second possibility is a judgment of separation that one spouse can have granted by the New York Supreme Court. Legal separation generally takes place when a couple cannot get along anymore and wants to live apart. Making a legal separation agreement allows them to do so while having binding terms to regulate finances and the children involved. Living separately for years does not make a couple legally separated. There must be an agreement made in order to have legally binding terms of the separation.

What Must a Separation Agreement Include?

Child custody agreements
Child support and spousal support agreements
Property division and debt division

Judgment of Separation in NY

The second method to become legally separated is receiving a judgment of separation. This process involves suing your spouse for legal separation. This is not a common method due to the cost; it generally involves as much money as suing for divorce. The differences between suing for separation rather than divorce is that abandonment can be less than a year and it can be based on not receiving support from the other spouse. In order to sue for divorce, abandonment needs to be for a longer period (one or more years) and cannot be based on non-support.

A spouse may choose to seek a judgment of separation for any of the following reasons:

Cruel and inhuman treatment
Non-support from the spouse
Abandonment
Adultery
Spouse being confined in prison for three or more consecutive years

Process of Legal Separation

There are other names for a legal separation including 'limited divorce,' 'separation from bed and board' and 'judicial separation.' It is important to note that a legally separated couple is still technically married. They are relieved of marital obligations and can live separately but they cannot remarry without officially being divorced. Couples often choose this route of separation because their religions do not believe in divorce. Others choose separation as a "cooling-off period" in their marriage. Either way, this is a beneficial way to separate legally and have binding terms to regulate the process. In order to receive a legal separation, the spouses will need to meet together with a mediator. This generally happens with attorneys as well plus the third-party neutral. If you are considering this process, contact us right away. The meditator and the lawyers involved will help guide the conversation in order to settle all issues involved.

The conversation will determine all of the following:

Where the parties will live
How the assets will be divided
If spousal support will be provided
Child support matters
Who receives custody both legally and physically
Health care and insurance plans

In order to successfully agree upon all matters, there may need to be several sessions. After both parties have reached agreements, a separation agreement will be drafted. Both spouses will need to sign the agreement and have it notarized. After the agreement is signed, the attorney will file the documents with the court.

Need a lawyer for legal separation in New York?

If you think that legal separation is a viable option for your situation, consult with us today. Be aware of your rights and the details of the process.

If you have any further questions or would like to schedule a Legal Strategy Session, contact us today!

Have Questions?

We Have Answers!

My Child Is 6 Years Old, and My Former Partner Is Not Paying Child Support; Is It Too Late for Me to Seek Support at This Time?

No, it is not too late. Your child is entitled to receive child support until age 21, you can file for child support for the child at any time before the child reaches the age of 21. With that said, all cases fact sensitive and you may want to consult with Attorney Dow before filing an application.
I Just Got Served With a Temporary Order of Protection, Does This Mean That I Cannot See or Call My Children?

If you have been served with a Temporary Order of Protection, you need to be careful about the interaction you have with the person protected by that order. It is important for you to review the terms of that order with an experienced family law attorney before you do anything. This will ensure that you are conducting yourself in accordance with the terms of the order and that you remain free of the threat of criminal prosecution.
Where Can I File My Divorce Paper Work?

If you are currently engaged in an uncontested divorce then you can file your divorce papers at the County Clerk’s Office, or online using the New York State Courts Electronic Filing System. However, many times this isn’t the case and you need an attorney that will guide you through your divorce. Contact my firm today for more information.