NYC Legal Separation Lawyer

When couples don’t want a divorce yet, legal separation may be the solution.

Separation agreements create a legal relationship between marriage and divorce.

Separation is generally the avenue of choice for people who want to get out of their marriages but not fully abandon all its institutional advantages. It can give a spouse more confidence starting a new life without the permanence of divorce. Essentially the couple agrees to retain some shared financial benefits of marriage while leading separate lives in all other areas of their life. For example, a couple may separate but want to continue existing health insurance coverage or certain military benefits or keep filing a joint tax return together.

Legal separation still requires negotiating custody, support and property division.

Divorce totally severs one spouse’s legal obligation to financially support the other spouse; legal separation does not. With a separation, the spouses continue their respective legal obligations to each other due to their marriage, unless modified by a written separation agreement. The agreement defines each spouse’s rights and duties, including how the parties will handle custody, support and property division.

What are the grounds for legal separation in New York?

To obtain a judgment of separation, you must prove one of the following grounds:

• Abandonment (actual or constructive)
• Adultery
• Cruel and inhuman treatment
• Failure to properly support spouse if at all
• Spouse’s imprisonment for three or more years

Note that there is no “no fault” option for getting a separation as there is when getting a divorce.

Moving from a Separation Decree to a Judgment of Divorce

While separated, neither person can re-marry until he or she takes the next step and obtains a judgment of divorce. However, either spouse may convert the legal separation into a divorce without the permission of the other spouse after the parties have lived separate and apart pursuant to the separation agreement for at least one year.

Let’s talk about what you want to do.

We seek to find the best solutions for clients who want a legal separation. Please contact our office to speak with a legal separation lawyer to learn how we can help you move your life forward in a positive direction that best suits your goals.