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What Is a Legal Separation In a Marriage?

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.

Essential Components of a Separation Agreement

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

Understanding Judgment of Separation

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.

Reasons to Seek a Judgment of Separation:

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

Steps Involved in the Legal Separation Process

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 mediator and the lawyers involved will help guide the conversation in order to settle all issues involved.

Key Topics Covered in the Mediation Process:

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.

Contact Us for Legal Separation Assistance

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.

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Have Questions? We Have Answers!

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Do I Need to Live in New York to File for Divorce in New York?

Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:

The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
The cause of action occurred in New York, and both parties live in New York at the time of filing.
Either party has lived in New York for two years or more prior to filing.

The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.

Why Choose Certified Financial Litigator?

A CFL is not just an attorney; they are professionals who have undergone extensive training in handling the financial aspects of legal issues, especially those related to divorce and complex financial matters. Certified financial litigators have completed comprehensive training and achieved a passing grade on the CFL Exam, ensuring they are well-versed in all aspects of financial law. Choosing an attorney with a CFL certification means you're opting for an expert with a deep understanding of financial issues that may arise during legal proceedings. These attorneys can provide advice and guidance based on a thorough knowledge of financial concepts and regulations.

Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.

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