When a couple has decided that they need some time apart, they may opt to get a legal separation rather than a divorce. There are a number of key differences between these two choices which a legal separation attorney in Bohemia New York can explain. Some of the topics that a legal separation attorney in Bohemia New York include:
Legal Status
While emotionally and legally these two options may seem the same, the legal status is very different. In divorce, the marital relationship is terminated. In legal separation, the two are legally married, even if they no longer live together as spouses.
Agreement or Order
These two processes are also treated differently. In a legal separation, the parties come up with an agreement regarding the terms of their separation. Usually, a legal separation attorney prepares such an agreement that both parties consent to. The provisions may include that the parties will live apart, which party is responsible for which expenses, whether child support will be paid, whether spousal support will be paid and how parenting time with the children will be split. The courts are not involved in this process and do not dictate the terms of the parties’ separation. In New York, the only way to be legally separated is through such an agreement. This is not the same for divorce. The other party does not have to want to be divorced, but the family court can still order it.
