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. Under New York law, separation agreements are generally governed by Section 236 of the New York Domestic Relations Law. A properly executed agreement can later serve as the basis for a no-fault divorce after the spouses have lived apart pursuant to the agreement for at least one year. If you’re considering legal separation, contact a skilled Staten Island divorce attorney here at Dow Divorce Law today.
Essential Components of a Separation Agreement
- Child custody agreements (including coparenting schedules)
- Child support and spousal support agreements
- Property division and debt division
A separation agreement should clearly outline each party’s rights and responsibilities in order to avoid future disputes or misunderstandings.
Understanding a Judgment of Separation in New York
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 difference 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 judgment of separation is issued by the New York Supreme Court after one spouse proves legally recognized grounds for separation.
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
For additional information regarding legal separation grounds in New York, see the official New York Courts website: New York State Unified Court System
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
Depending on the complexity of the marital estate or custody issues, mediation may take multiple sessions before a final agreement is reached.
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.
It is important that separation agreements are drafted carefully, as improperly written agreements may later become unenforceable or challenged in court.
Contact a Staten Island Legal Separation Attorney
If you think that legal separation is a viable option for your situation, consult with a divorce attorney today. Be aware of your rights and the details of the process. Dow Divorce Law is here to effectively represent you and your interests, every step of the way.
