Legal Separation in Westchester County
You and your spouse may consider a legal separation as an alternative to divorce. An experienced divorce law firm can assist you in deciding if a separation agreement is appropriate for you. With a legal separation, you and your spouse live apart from one another but, legally, you are still married. You should realize that legal separation does not result in an automatic divorce. Living under separation agreement for at least one year can be a prerequisite for a divorce.
Issues that may be resolved in an executed written separation agreement include the following:
- Child custody and support
- Division of assets and property
- Unsecured debts
- Access and visitation
- Spousal Maintenance
Benefits of Legal Separation
A legal separation has many benefits over a traditional divorce. A divorce can sometimes be hostile and involves the dissolution of the marriage. The grounds for a legal separation are less stringent than those of a divorce. However, a separation may cause you to lose certain benefits gained from the union.
A legal separation in New York offers the following benefits:
- You can keep your marital status for religious reasons
- If you decide to get divorced, you can convert your separation agreement into a Westchester County divorce judgment
- You may be able to retain insurance benefits on the coverage of your spouse
- You retain the ability to file joint income taxes
- After some time apart, you and your spouse might reconcile
Contact a legal separation attorney
Separating from your spouse can be difficult. If you are considering legal separation, you should contact an experienced divorce lawyer. Your attorney can assist in drafting an agreement that is suitable to both you and your spouse. Novenstern & Gaudio, LLP will closely examine the benefits of a legal separation agreement in your particular case and thoroughly explain the implications.
We are here for you
The Family Law attorneys of Novenstern and Gaudio can assist you in determining if a legal separation agreement is appropriate for your situation.