WHAT IS A LEGAL SEPARATION?

                            

If you and your spouse decide to live separate and apart, but you do not want to divorce, you can go for a legal separation. 

To do this you enter into a Separation Agreement.  This does not involve Court intervention when done through mediation.  A legal separation can give you and your spouse the time apart you need while you try to repair a marriage that may be in jeopardy of ending.

A separation agreement gives you the chance to work out problems, slowly and over time, without the pressure of a divorce action. There may be other financial reasons to go for the separation instead of a divorce right away.  These concerns can be health insurance related, tax interests and/or retirement benefits.

As part of the separation agreement, you and your spouse decide on a number of important issues, such as child support and spousal support (called maintenance), as well as a parenting plan. A written separation agreement, as with a divorce agreement, will set out the rights and obligations of you and your spouse both during and after the separation. It becomes a binding agreement enforceable in Court if necessary. 

Although New York law now provides for a no-fault divorce, if you or your spouse can establish that you have lived separate and apart under a written separation agreement for at least one year, then you may obtain a judgment of divorce on that basis alone. The separation agreement will be submitted as part of a divorce decree, if you or your spouse decides to seek a divorce.

If you and your spouse begin living separate and apart under a separation agreement, you are free to get back together at any time. A separation agreement generally becomes invalid and void when you begin living together again with an intent to reconcile.

A mediator can work out the terms with you for a legal separation but remember only an attorney can draft the legal document.

Robyn D. Weisman, Esq., Attorney, Mediator, Collaborative Lawyer, Director of Divorce Mediation & Family Services of New York, Ltd. 1-800-WE MEDIATE, 631-465-2140 or visit us at www.divorcemediationandfamilyservices.com

With office in Long Beach, Nassau County and Melville, Suffolk County New York