A legal separation is another option instead of filing for divorce. When spouses no longer wish to reside in the same home, but aren’t ready or do not want to divorce, yet want to have their legal rights protected, a legal separation can be sought. Most issues that can be settled during a divorce can also be resolved during a legal separation. The only difference is that unlike a divorce, the parties involved in a legal separation are still legally married and, therefore, cannot remarry.
Some of the issues that can be addressed in a legal separation, specifically in New York, are child custody and visitation, support, distribution of assets and liabilities, and division of property. The official document involved in a legal separation is a separation agreement. This is a legal document that states the terms of the separation, and it must be voluntarily signed by both parties and notarized. In this type of agreement, the spouses decide on the property, finances, insurance issues, issues pertaining to children, and financial support.
When a relationship dissolves, it can be very stressful. There are many things to consider and address. Having assistance with these issues so you can focus on recovering and getting through the situation emotionally will help. With a legal separation instead of a divorce, you will have the ability to seek counseling as a couple in case there is hope for your relationship to be rebuilt.
When considering legal separation, it is important that you fully understand the advantages as well as disadvantages. Having a separation agreement drawn up by an experienced attorney will be advantageous to all parties involved, ensuring agreements are reached amicably through skilled negotiation.