How To Seek A Legal Separation

If a couple is sensing that their marriage is heading toward divorce, they have an option of engaging in a voluntary agreement that outlines the rights and responsibilities of both parties. These terms include all assets, spousal support, child support and custody matters, which lay the foundation for a divorce, should it be pursued.

A legal separation agreement should not be entered into lightly. In fact, you should contact a professional, thorough Staten Island legal separation lawyer who will listen to your goals and concerns regarding your future.

I am attorney Kurt Richards, and after more than 30 years in family law, I have represented more than 3,000 clients successfully in their family court matters.

The Advantages Of Legal Separation

In a legal separation, the couple is able to still share medical insurance and they can file taxes jointly while living apart, exploring other relationships and allowing time to cool off. After one or more years, however, the legal separation agreement can become grounds for divorce. The terms in the agreement can be used to pursue a divorce by one or both parties. This is why it is important to choose an experienced attorney when drafting the agreement.

Irretrievable Breakdown Is Now Grounds For Divorce In New York

While legal separation is not a prerequisite to a divorce in New York, if after one year one party wants a divorce, he or she has the grounds and terms for the divorce by reason of an “irretrievable breakdown” in the relationship.

Is Legal Separation What Your Relationship Needs?

There are many reasons people seek time apart, and for some, a temporary break may be what’s necessary to gain clarity. I offer candid advice on your legal rights and options when it comes to relationship breakdown, whether that includes legal separation or divorce. For a free consultation, contact my office in Staten Island by calling 718-720-1000.