Legal Separation

Bohemia Legal Separation Attorney

Guiding Long Island Couples through a legal separation

Legal separation is a way to alter your relationship with your spouse without legally ending your marriage. There are many reasons people choose to separate instead of divorce. For some, it is their religious or personal beliefs. For others, financial benefits motivate them to avoid divorce. Some use legal separation temporarily and resume their traditional marriage after a term of healing. Regardless of why you choose legal separation over divorce, it is important to have experienced and knowledgeable legal support through the process. To schedule an appointment, please contact Peter V. Mandi & Associates, Inc.

A short discussion about legal separation

Legal separation does not end your marriage. You must adhere to the responsibilities outlined in the separation during the time you are apart. Specific details vary from separation to separation, but each spouse can live his or her own life, if it is within the rules of the agreement. Issues are similar to a divorce and can include the division of assets, child custody, spousal and child support, and living arrangements.

Benefits of legal separation

Legal separation is chosen because of several benefits. If you and your spouse agree to a separation and abide by the separation guidelines, you can continue to file your taxes as a married couple. People also can benefit from legal separation because of medical benefits. Because you are still technically married, health care benefits should not be impacted and you can still be covered under your spouse’s health insurance. It is important to remember that as a married couple, you will be limited in relationships with others – you cannot remarry until you legally divorce.

Ways of acquiring a legal separation

There are two general ways to acquire a legal separation in New York. For one, a person has the right to sue for legal separation through a Complaint for Legal Separation. This method is rarely utilized because of the financial impact of taking legal action. Most people will draft and implement a Separation Agreement to acquire a legal separation.

What is a separation agreement?

A couple can achieve a legal separation through the drafting of a Separation Agreement. This document is simply a legal contract between parties. With the help of a mediator or attorney, a couple can come to an agreement on all matters that relate to their marriage. Once they can agree to terms normally addressed in a divorce, the parties can have the neutral third party draft the document and they both can sign it in front of a notary public, making the contract binding. At this point, the couple is legally separated and the document can be used to pursue a divorce in the future. Though some legal separations can be simple to finalize, others can be complicated by debts, pensions, tax concerns, and real estate matter. It is important to have an experienced attorney to either draft the document for the couple or review it for one party.

Contact Peter V. Mandi & Associates, Inc.

If you believe a legal separation is the best way to end your relationship with your spouse, our firm is ready to help. Peter V. Mandi & Associates, Inc. is an experienced law firm that has guided countless clients through the process of legal separation. If you are interested in knowing more about the process or to retain our services, contact Peter V. Mandi & Associates, Inc.  for a consultation.