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 your reasoning for choosing this path, our Suffolk County legal separation lawyer wants to help. To schedule an appointment, please contact Peter V. Mandi & Associates, Inc.
Benefits of a 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. Legal separation issues are similar to a divorce and can include the division of assets, child custody, spousal and child support, and living arrangements.
Many spouses choose legal separation for the various benefits it offers. If you and your spouse agree to separation and abide by the separation guidelines, you can continue to file your taxes as a married couple. Additionally, because you are still technically married, legal separation should not impact any health care benefits you received while married. You should also remember that as a married couple, you are limited in your ability to start new relationships with others, as you cannot remarry until you officially divorce.
How to receive a legal separation
There are two primary ways to achieve a legal separation in New York. To start, you can sue for legal separation through a Complaint for Legal Separation. That being said, this method is rarely utilized due to the cost of taking legal action. For this very reason, most people will simply draft and implement a Separation Agreement to receive a legal separation.
What is a separation agreement?
A couple can achieve legal separation by drafting a Separation Agreement. This document is simply a legal contract between parties. With the help of a mediator or attorney, a couple can agree 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 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 are simple to finalize, others can be complicated by debts, pensions, tax concerns, and real estate matters. It is important to have an experienced attorney to either draft the document for the couple or review it for one party.
Contact Our Legal Separation Lawyer For A Free Consultation
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.