Legal separation is not good for all couples. In some cases, the disadvantages outweigh the advantages. If this is the case for you, you should consider three other options: In New York, there are two ways to achieve legal separation: Well, what legal separation will do for you is to bypass the required deadlines, as there is no waiting period at all for New York divorce law. Simply separated by life, no matter how long, a married couple is not legally separated. There are only two ways to legally separate in New York City. The first and by far the most common way is for the spouses to enter into a separation agreement with the matrimonial bond. The second, rarely used, means that a separation decision be rendered by the New York Supreme Court. If the initial separation agreement is not filed with the District Clerk, it may be filed at any time prior to the commencement of the divorce action on the basis of the legal separation. Once the divorce is granted, the terms of the separation agreement with the marriage bond are included in the divorce decree. If a subsequent divorce is initiated and is not based on grounds for legal separation, the provisions of the legal separation agreement may nevertheless be included in the divorce decree.
Unlike divorce, legal separation does not end your marriage. The above points are just points that you should consider. For legal advice, contact a family law lawyer in your area who is familiar with legal separation. Back to top A legal separation is valid in New York for as long as you want. It will no longer be valid after your reconciliation or divorce, although in the latter situation you can still comply with your already existing separation agreement. To help you prepare to talk to a lawyer about a separation agreement, below is a list of questions that a lawyer is likely to ask you questions about. Consider each issue carefully: a separation agreement may also stipulate that some parties are transferred to the divorce decree, but other parties survive the divorce decree. However, it is common for the entire separation agreement not to be transposed into the divorce judgment, but survives the divorce decree and can therefore be enforced separately. Although New York law now provides for a no-fault divorce on your part), if you or your spouse can prove that you have lived separately and separately under a written separation agreement and that you have complied with the terms of that separation agreement for more than a year, you can obtain a divorce decree on that basis alone. A no-fault divorce on his part requires only an affidavit stating that the marriage was irretrievably broken for six months or more. The separation agreement can also be filed as part of a divorce decree if you or your spouse decide to file for divorce for reasons other than your own, rather than waiting for the required year to file for divorce due to the fact that you lived separately and separately under the terms of a separation agreement. You may also have heard the phrase “legal separation date” in divorce proceedings.
Well, it could get a little confusing, so be patient with us: your legal separation date doesn`t necessarily have anything to do with the legal separation process. Filing for separation is a good option if you want to live separately without getting a formal divorce. To apply for separation in New York, you must draft a separation agreement and sign both. This should include things like sharing custody if you have children and who will live where. Once it is signed, you must have it notarized and file with your local court. If you and your spouse can`t agree on a separation agreement, you should probably hire a lawyer. You should also hire a lawyer if your situation is complicated, for example if. B fraud was committed or if your spouse was in prison. They can guide you through judging the separation and divorce process if you choose this path. To learn how to prepare for a hearing, read our legal co-author.
Although in a separation agreement you can make generous arrangements for the children and try to decide custody and access issues, you should not limit or avoid your obligations to provide for your minor children. Keep in mind that custody, access and child support issues are always before the court for review and can be challenged if circumstances require a change. The reasons for legal separation (separation of bed and food) in New York are: adultery, abandonment, imprisonment for three consecutive years or more, neglect and non-support of a woman, cruel and inhuman treatment. Another form of separation in New York is a separation decision by the New York State Supreme Court. This judgment is based on the same four “grounds of fault” as divorce. However, the task can be carried out for less than a year. .