Legally separated couples can decide who lives in the shared apartment and who takes care of the children. They can also determine how to maintain their current standard of living so that it works for children. Legal separation allows a couple to live apart without further conflict while working on their marital problems. The choice between a legal separation and divorce depends on each couple`s unique situation, so it`s important to know the differences and how they affect your family. To learn more, contact our Suffolk County Divorce Mediator Lawyer, Fredrick Klarer, to discuss your options today. Now, what legal separation won`t do for you is bypass the necessary deadlines, as there is no waiting period at all for divorce law in New York. If you and your spouse divorce, several things can happen with the separation agreement, depending on how it was drafted. First, the separation agreement could indicate that it is part of the subsequent divorce decree. This is called fusion. If a separation agreement provides for it to pass through the divorce decree, the separation agreement no longer exists as a separate, enforceable contract after the divorce and can be changed more easily. Generally, the rights and obligations of a separation agreement include the division of property and debts, the amount of child support you pay or receive, custody of children (if you have children) and visits.
If the original separation agreement is not filed with the District Clerk, it can be filed at any time before the divorce proceedings begin on the basis of the legal separation. Once the divorce is pronounced, the terms of the legal separation agreement are included in the divorce decree. If a subsequent divorce is initiated and is not based on grounds for legal separation, the provisions of the legal separation agreement may nevertheless be included in the divorce judgment. If you opt for legal separation, you and your separated spouse will retain your legal relationship. If you go through divorce proceedings, you are no longer legally bound, even if one spouse pays the other child support or if you both share custody. Legal separation originally arose when New York`s divorce law provided for only one ground for divorce: adultery. It is designed to give otherwise aggrieved spouses a way to separate from their spouses without an actual divorce decree. Depending on the terms of your separation agreement, if at some point you decide to reconcile, only to find that your relationship is not improving, it is important to know that a temporary reconciliation could invalidate a separation agreement. An experienced family lawyer will provide a reconciliation provision that would replace the common law, which would otherwise terminate a separation agreement in the event of reconciliation. Second, the separation agreement may indicate that it will continue to exist as a separate agreement after the divorce judgment.
This is called survival. If a separation agreement survives a divorce judgment, the agreement remains valid and enforceable regardless of the terms of the divorce judgment. In such circumstances, a court cannot change the support provisions of the separation agreement unless the party requesting a change is subjected to «extreme hardship» and it becomes more difficult to change the child support provisions of the separation agreement. Some couples who can`t get along may want to stay married but live apart. You can choose to enter into a legal separation agreement, which sets binding terms for children or financial matters. Sometimes married couples who live apart make a legal separation for a legal reason, for example to qualify for financial assistance, health insurance or foster care. Sometimes a legal separation agreement is made because the couple may not get along, but they are not willing to divorce. For example, we briefly mentioned above that adultery is a legally recognized ground for divorce in New York. Normally, proof of fault can influence the outcome of the divorce in favour of the injured spouse. There may be psychological or religious reasons for opting for legal separation instead of divorce; They want to stay married, but they also want to live separately and separately from each other. Legal separation can continue indefinitely if both spouses do not wish to convert it into divorce. However, after one year from the date of signature, either party may apply to the court to convert the legal separation into a divorce.
Our fee for a simple legal separation agreement is $975. As mentioned above, filing the legal separation agreement is not required, but if you want to file it in Brooklyn or Manhattan, it would cost an additional $226 ($210 for the index number and $16 for two certified copies of the separation agreement). Additional costs for other counties. You can be legally separated as long as you and your spouse think it`s better. However, if you plan to use your separation agreement later as the basis for a divorce, you and your spouse must have lived apart for at least one year under your separation agreement. Although it is not mandatory, it is advisable to file the signed separation agreement with the district manager. It can only be filed in the country in which a party is domiciled. Filing the legal separation agreement prevents anyone from making unauthorized changes and avoids concerns about the loss or destruction of the original legal separation agreement. If the original, fully signed legal separation agreement is lost before filing, it may not be legally enforceable.
In addition, divorce on the grounds of legal separation is not possible. In New York, one of the grounds for divorce is having been legally separated for at least one year. Before New York divorced through no fault of their own, some married couples chose this ground for divorce because all other grounds for divorce blamed one of the parties. Since there is now a no-fault divorce on their part in New York, couples no longer have to go that way for a divorce if they don`t want to use a reason for error. At Luciano Law Firm, we ensure that your rights are respected by law, while continuing to do everything possible to reach amicable solutions. While a joint effort is always the first goal, we maintain a calculated and aggressive legal strategy that can be implemented at the right time. If you need the skills, experience, and legal advice of a New York separation lawyer, call us today to schedule a consultation at (212) 537-5859. Believing that this will save time or money, some divorced couples in New York try to make their own arrangement without professional help. In New York, a separation agreement must be entered into with the same formality required to authenticate a deed, including the signing of a confirmation by a notary. Couples choose legal separation instead of divorce for many reasons. Some of the most common reasons are: And while legal separation can be an alternative to divorce, it can also be a step toward divorce. That`s why it`s important to understand the key differences between legal separation and divorce so you can make the right choice for you and your spouse.
While a divorce attorney isn`t required, some people prefer to seek legal advice to make sure everything is on the rise.