There are numerous reasons why you might be considering getting a legal separation, as opposed to a divorce and you may be questioning whether there is a downside to going this route. The major problem with a legal separation has to do with enforcement, since divorce agreements can be much more easily enforced. There are several different remedies available to a party who needs to enforce an existing order related to divorce, such as fine or imprisonment, contempt of court, a monetary judgment, or even sequestration.
Since it’s harder to enforce a legal separation order in New York state, you will have to submit your separation agreement to the court in a separate proceeding in order to receive an enforceable court order. Many couples who are separated don’t want to go through the frustration and time associated with this. Delays of several months can be common in cases like this.
This is not to say that every separation case has an issue like this. In fact, that’s quite far from the truth. However, it is something that you should factor in as a potential downside to choosing the legal separation route, as opposed to a divorce. In some cases, a divorce just isn’t the right choice for you. If both parties can agree to the terms of the separation agreement, you’re unlikely to have issues. There may be conflicts regarding long-term plans that arise when you file for divorce, but in many cases couples like to use a separation period to cool off and think about things before moving forward. There is no reason that this can’t work for you in Bay Shore, or in any other town that you may live, as this very process has helped other couples engaged in legal separation. Get qualified legal advice for structuring your separation agreement, before making any final decision.