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Legal separation, as it precedes divorce

| Jul 7, 2016 | Legal Separation

There are many reasons why a divorce isn’t something you want to rush into. In some courts, a judge will even require a couple to sit on a divorce petition for a specified length of time before proceeding to confirm this is truly the direction they want to go. It makes sense. A divorce can be a time-consuming and draining ordeal and should not be entered into lightly. Once it is done, it is done, and the orders put in place are legal and binding.

A marriage will not end with a legal separation, although a court will dictate the responsibilities and privileges of each person. Neither spouse can remarry while legally separated as they are still under the contract of marriage.

What legal separation does allow for is two people to reconcile their differences and reunite in their life together, without the need to remarry, although they may choose to renew their vows. A legal separation can be terminated by formally submitting a request to the court. Alternatively, if the couple finds through separation that a divorce will indeed suit them, the process is usually simplified and may serve to remove any hesitancy on the part of the judge.

If you believe a legal separation is exactly what you and your spouse need to figure things out, you may best accomplish this by reaching out to a New York family law attorney. He or she can answer any questions you have, address any concerns and guide you on the path to clarity concerning your future.