Long Island Legal Seperation Lawyer

A legal separation can be a judgment of the Court or a written agreement that authorizes spouses to live separately for a period of time.  The terms of the legal separation will usually address important issues such as child custody, child support, spousal support, and a written agreement will usually address the distribution of marital and separate property (separation judgment does not address property).

In many cases, legal separation is regarded as a step toward divorce.  Spouses may choose to go through a legal separation before filing for divorce so that they can test the terms of their arrangement and relationship before taking permanent legal action.  In New York, if spouses live apart for a period of one year, under a judgment of separation or a filed separation agreement in proper form, they may file for a "no fault" divorce.  

Separation Agreement

When spouses decide to legally separate, they may choose to draft a written separation agreement, or a spouse may petition for a judgment of separation from a New York court.  Many spouses opt to draft a separation agreement because it allows them to make important, mutual decisions without the interference of the court. A separation agreement is considered a detailed contract that addresses the rights and responsibilities of each spouse pertaining to matters such as child custody, visitation, spousal support and property. 

Because these decisions can greatly change each spouse’s way of life, it is in their best interests to obtain separate attorneys who are experienced in matrimonial law.  By hiring a family law attorney, each spouse will receive the counsel and consideration they need.  An attorney can also mediate through conflicts and ensure that the best interests of the family are protected.  By working with a family law attorney, spouses can address their individual needs while making effective decisions.

Contact a Long Island legal separation attorney at our law firm today!