New York was the last state in the union that recognized no-fault grounds for divorce. However, it has long recognized the concept of legal separation. When a spouse wants to have the legal protection of separating but is not yet ready for divorce, he or she may consult with a legal separation attorney in Bohemia NY. There are two methods that a couple can use to legally separate, which a legal separation attorney in Bohemia NY.
The first method is for a couple to enter into a separation agreement. This agreement is required to contain certain information and be properly verified. A separation attorney can help draft an agreement so that it is valid and enforceable.
The other method to attain a legal separation is to receive a judgment of separation from a court that has jurisdiction over the case. Individuals are cautioned not to attempt to procure this judgment on their own, as mistakes in the process can result in adverse findings by the judge, which may later be incorporated into a divorce decree. The process for legal separations is very similar to a divorce. Some of the same issues may be decided, such as child custody arrangements, visitation, child support and spousal support. Information related to property division may also be decided in this manner. Due to the importance of these decisions, it is in your best interest to seek legal counsel before pursuing a legal separation.