When you and your spouse get legally separated, you are basically agreeing to go out and live your separate lives without interference or control over one another. This may sound very similar to the purpose of divorce, except it is less final and absolute. So you may wonder why couples would prefer to remain in this gray area over a final judgment order from a New York State family court. Well, there may be some reasons and benefits you are missing. With that, please continue reading to learn why you would possibly choose legal separation over divorce and how one of the experienced Long Island separation agreement lawyers at Barrows Levy, PLLC, can help you obtain one if this is what you want.
Why would a couple choose legal separation over divorce?
Of note, even though you and your spouse will no longer be leading your lives as a couple after getting separated, you will still be considered legally married. Well, maintaining this legally observant relationship may matter to you two for a variety of reasons, including any of the following:
- You and your spouse may not want to get divorced because your religion does not acknowledge or approve of it.
- You and your spouse may not want to get divorced because you want your children to be raised by parents who are married.
- You and your spouse may want to wait and see if you can reconnect after emotions have settled, so divorce seems too drastic an ending for the time being.
- You and your spouse may own a business together, in which you do not want to separate its complex assets and liabilities in a divorce.
- You or your spouse may want to preserve the good spousal benefits under one of your employer-provided health insurance plans, especially if one of you has serious health concerns.
All things considered, going through the process of getting legally separated should not be viewed as a waste of time or a diversion from an ultimate divorce. Rather, you and your spouse may get the hard part out of the way in negotiating terms like property division, child custody, child support, and alimony. This may allow you to execute a no-fault divorce in the future with little to no hiccups along the way.
How can I obtain a legal separation in New York State?
If you are coming around to the idea of legal separation over divorce, you must now decide how to initiate it. One method is through filing a Summons and Complaint for Separation with the New York State Supreme Court. Here, you may cite your grounds for separation and present your case before a judge. After one year of complying with the conditions of your enforced separation judgment, you may be granted the ability to follow up with a divorce petition.
However, as you can likely tell, this is the likely pathway if you and your spouse cannot work as a team. As insinuated above, the more common approach is working together to craft a legally-binding separation agreement. You may have a lawyer review it for clarity and completeness, and submit it to the court if you would like it to be referenced in a later, potential divorce action.
If you are tiptoeing around the idea of getting separated or possibly initiating a divorce, you should seek legal guidance from a skilled Long Island divorce lawyer from Barrows Levy, PLLC. We will help you understand which legal move, if any, is in your best interest. So please give us a call today.
