Helping Clients Legally Separate For Over 30 Years
The lawyers at the Buffalo-based Venzon Law Firm PC have been helping clients legally separate from their spouses and move forward with their lives since 1984. Together, we will help you find your happily ever after.
Venzon Law Firm PC assists all clients seeking a legal separation in Buffalo, Niagara Falls and all of Western New York. We help negotiate and prepare amicable agreements and property settlements through attorney-client negotiation. We will work with your spouse’s attorney to settle your case to avoid going to court.
Separation Before Divorce
Separation allows a legal framework for couples to protect their property rights and address issues regarding children while living separate and apart. Separation provides the right option in many situations, such as the following:
It provides time and space for couples to seek counseling and take other steps to work on their marriage.
It allows couples to live apart when religious concerns prevent them from pursuing divorce.
It offers couples the opportunity to test living separately and apart.
It provides a legal agreement that can be converted into a divorce, reducing the cost, time and stress of a contested matrimonial lawsuit.
Similarities And Differences Between Divorce And Legal Separation
Couples must decide on many of the same basic issues in a legal separation as those involved in a divorce. A legal separation allows couples to remain married and continue certain benefits, such as the following:
Spousal coverage of insurance benefits
Years continue to accrue toward the 10-year marriage requirement to collect spousal Social Security benefits
Filing joint tax returns
Retention of certain rights of inheritance
Legal separation for one year also provides valid grounds for divorce under New York law
LEGAL SEPARATION, AS IT PRECEDES DIVORCE
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.
Experienced Attorneys Can Help Find The Right Solutions For Their Clients
The experienced lawyers at Venzon Law Firm PC can help you understand the advantages and disadvantages of a legal separation. Our firm has more than three decades of experience providing skilled and compassionate legal support to clients seeking help in a wide range of sensitive family legal matters. Contact us at 716-854-7888 to learn how we can help.