Some couples choose to legally separate instead of divorce, for a variety of reasons–sometimes for religious purposes, health insurance purposes, or otherwise. If you’re considering legal separation instead of divorce, please don’t hesitate to contact our Long Island family lawyers for assistance through each step of the process.
Legal separation and divorce both provide a means for couples to live separate lives, but there are key distinctions between the two. Unlike divorce, a legal separation does not officially dissolve the marriage. This means that the parties remain legally married, which can carry significant implications for aspects such as health insurance, inheritance rights, and tax filing status.
Legal separation is often pursued by couples who are not ready to make the final decision to divorce or who wish to remain married due to personal, religious, or financial reasons. For example, maintaining spousal benefits under an employer-provided health insurance plan or adhering to religious beliefs that discourage divorce can make legal separation a more appealing option.
Another critical difference is that legal separation can serve as a stepping stone toward divorce. Couples may use the separation period to resolve issues such as property division, child custody, and support arrangements. If both parties adhere to the terms of a separation agreement or judgment for at least one year, they can move forward with a no-fault divorce based on their separation.
On the other hand, divorce legally ends the marital relationship, granting both parties the freedom to remarry and sever their legal and financial ties, except for any post-divorce obligations like child support or alimony. Divorce provides finality, but it is often more emotionally and financially taxing upfront compared to a legal separation.
There are two methods by which you can become separated from your spouse. The first is a court action commenced in the State Supreme Court. The Plaintiff in such an action must have grounds for a separation that are the same as those for a divorce. In addition, there is an additional ground for separation, which is the defendant neglecting or refusing to provide adequate support to the movant or to the children. The action for Separation is commenced by, the filing of a Summons and Complaint and then moving forward with a court action in front of a judge.
After a one-year period, the movant may move forward for divorce if he/she substantially complied with all of the conditions of the separation judgment.
The second and much more common way of becoming separated is by agreement between the parties. The parties agree in a document, which is essentially a binding contract, to all of the conditions of divorce. Issues concerning separation of property, living separately, custody of the children, and child support are all addressed in a separation agreement.
This process involves negotiation and full disclosure between the parties. More specifically, each party must fully disclose all of his or her assets for the separation agreement to be binding. After the separation agreement is properly signed and acknowledged, either party may move for divorce after one year. The moving party must have complied substantially with all the terms and conditions of the separation agreement.
While common in the past, since the passage of DRL 170(7) allowing essentially a no-fault divorce, this is no longer a common tool.
If you require comprehensive and compassionate legal assistance with your legal separation or any family law matter, you can depend on our skilled team of lawyers to effectively represent you. Contact Sklavos Law Group, PC for your initial consultation today.
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