Is Legal Separation An Appropriate Divorce Alternative For You?
Married couples who are having problems but who aren’t ready to divorce may consider a separation period. This can give them the space they need to work on a troubled marriage. When legally separated, they are free to get back together at any time.
If you are considering a legal separation from your partner, consider consulting with a divorce and family lawyer. Our legal separation attorneys have 50 years of combined legal experience to assist you with this process. Finalizing a legal separation requires a lot of negotiations and documentation, all of which can be made easier with the help of Frost & Kavanaugh.
What Is Legal Separation?
During a legal separation, the two spouses live apart and they have a separation agreement that defines their rights and responsibilities. The separation agreement is a written document, signed by both spouses.
It outlines matters such as:
- The division of property
- Each partner’s financial responsibilities (such as debts and bills)
- Spousal and child support
- Custody and parenting arrangements
It’s important to have a formal written document, rather than an informal agreement between spouses, in case there is confusion or disagreement later about exactly what the spouses agree to. It’s no longer enough to say, “We know what we agree to,” because it is possible the spouses are not “agreeing” to the same things.
Progressing To Divorce
If the couple can’t resolve their marital problems, separation can also be grounds for divorce if the separation agreement meets all of New York’s legal requirements. That’s another reason for a formal written agreement instead of an informal agreement. Because spouses have already agreed on the issues regarding finances and parenting, the divorce process is typically easier after a legal separation.