Marriage is not always easy due to the constant effort and compromise it takes to make it work. Some people find out they are better off not being together and choose to file for divorce while other couples need some time apart to figure out whether they should reconcile or head towards a divorce.
Legal separation is for someone who cannot live with their spouse anymore but does not want to file for divorce. A legal separation allows you to figure out custody, spousal support and child support. When a couple files for legal separation, the court will assess the financial situation and will secure financial support for the child and the dependent spouse. When a couple chooses to live apart and are not legally separated, there is no legal obligation for either party to pay financial support.
While legal separation and divorce have a lot in common, there are many benefits to being separated as opposed to going through a divorce. Legal separation allows the spouses to have time away to decide if divorce is right. The spouses still would have medical insurance and other benefits that a divorce would terminate. It also would not offend religious beliefs that do not believe in divorce.
Legal separation also helps you when you are going to file for divorce. New York State allows parties to obtain a divorce pursuant after one year of being legally separated. Because most couples who file for legal separation end up getting divorced, it is important that the party seeking divorce follows the terms of the separation agreement. It is also important that you have a knowledgeable attorney to make sure your agreement is sufficient.
Simonetti & Associates has more than 25 years of experience in family law and was voted Long Island’s best Divorce Attorney for 2015. We offer experience and technique to negotiate the best circumstances for your current situation, as well as protection if you choose to divorce. Call 888-429-4459 to schedule your free consultation in one of our Woodbury or downtown New York locations.
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