New York law permits you and your spouse the ability to legally separate by agreement. If you are facing challenges in your marriage, but do not want to pursue a divorce for one reason or another, you may desire to explore the prospect of legal separation. With this in mind, there are some facts and factors that you need to bear in mind when it comes to legally separating from your spouse.
Why Select Legal Separation Over Divorce?
If you want to pursue legal separation by agreement, as opposed to a divorce, you don’t necessarily need to have a specific reason to pursue this course of action. There are some common situations that motivate New Yorkers to seek a legal separation as opposed to a divorce.
One primary reason why some couples elect to pursue legal separation rather than divorce is because they do not believe that they have reached the juncture at which divorce is necessary. They have determined that they need to separate, at least for the time being. In some instances, these couples believe that taking a break in this manner might permit them the ability to reunite at a later date.
Another reason why some individuals seek legal separation over divorce is because of religious considerations. These couples have religious beliefs that make divorce impermissible. In order to stay in good standing with their religions, these people pursue legal separation.
Insurance issues may also motivate a couple to seek a legal separation rather than file for divorce. For example, if one spouse has health insurance through the other spouse, the only way that the insurance coverage can be maintained is by the marriage remaining in place. However, the couple has reached a juncture that they believe that they can no longer live together. Thus, a legal separation provides a solution.
Can a Divorce Follow Legal Separation?
Yes, a divorce can be pursued after a couple has been legally separated through an agreement. This reality points to an important issue. There are items that should be included within a legal separation agreement if a divorce is a possibility in the long run. The best way to ensure that those are contained within a legal separation agreement is to retain the professional services of a Brooklyn legal separation lawyer.
Provided that your agreement is properly drafted, one year after entering into it, you can file for what is called a conversion divorce in the state of New York. You file the agreement previously entered into at the same time that you file for divorce. When you pursue a divorce in this manner, you do not need to put forth any additional grounds for a divorce.
Signing a Legal Separation Agreement
Both spouses must voluntarily sign a legal separation agreement for it to be legally effective. A legal separation agreement must be signed in front of a notary public, pursuant to the provisions of New York Domestic Relations Law. The failure to have the agreement notarized will render it invalid and unenforceable.
Retain Brooklyn Legal Separation Lawyers
The first step in hiring Brooklyn legal separation lawyers is scheduling a preliminary or initial consultation with legal counsel. During this session, a Brooklyn legal separation attorney will provide you more detailed information about this type of arrangement in the state of New York. Legal counsel will also evaluate your situation to ascertain if a legal separation really does make sense for you.
During the appointment, you will have the chance to ask questions. In most cases, Brooklyn legal separation lawyers charge no legal fee for this preliminary appointment with a potential client.
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Brooklyn Legal Separation Lawyers
By Spodek Law Group |
November 14, 2017
(Last Updated On: May 27, 2023)
Last Updated on: 27th May 2023, 12:17 pm
Protect Your Legal Rights with Brooklyn Legal Separation Lawyers
Empower Yourself with Expert Brooklyn Legal Separation Lawyers
When challenges emerge in your marriage, but you’re not quite ready to take the irreversible step of divorce, New York law offers you the powerful alternative of legal separation. This compelling option allows you and your spouse to explore different paths while upholding the bond of marriage. Learn more about the fascinating process of legal separation and how the dedicated and knowledgeable Brooklyn legal separation lawyers can help protect your legal rights during this emotional journey.
Why Choose Legal Separation Over Divorce?
There’s no need to justify choosing legal separation over divorce; it is a personal decision. However, it is essential to understand the common situations that prompt New Yorkers to favor legal separation over the finality of divorce:
- Temporary Separation: Some couples feel that they have not reached the point where divorce is necessary yet and need some time apart. In this case, legal separation may be their best option, providing them space to potentially reunite in the future.
- Religious Considerations: Some individuals have religious beliefs that make divorce impermissible. Legal separation allows these faithful couples to maintain their religious standing while still separating.
- Insurance Issues: Health insurance provided by one spouse may push a couple towards legal separation rather than divorce, as keeping the marriage intact allows the insurance coverage to be sustained.
Can Legal Separation Lead to Divorce?
Yes, indeed!
A divorce can follow legal separation, which is an essential factor to consider while discussing the thrilling possibility of legal separation with a knowledgeable Brooklyn legal separation lawyer. As experts in their field, these attorneys know exactly what must be included in the legal separation agreement to safeguard your interests should a divorce become a reality in the future.
One year after entering into an adequately drafted legal separation agreement, you can file for what New York State calls a conversion divorce. Here, you only need to submit your previously signed agreement with your divorce application no additional grounds for divorce are required.
Braving the Legal Separation Agreement
Keep in mind that both spouses must sign the legal separation agreement voluntarily and in front of a notary public. Neglecting to have the agreement notarized will render it null, void, and unenforceable, as per the provisions of New York Domestic Relations Law.
How Brooklyn Legal Separation Lawyers Assist You
The first and most crucial step in availing the expert services of Brooklyn legal separation lawyers is scheduling a preliminary consultation with fervent legal counsel. This initial meeting is a golden opportunity for you to gain invaluable, detailed information about the legal separation spectrum in the state of New York.
Your legal counsel will also be assessing whether legal separation is the right choice for your unique circumstances. During this time, you have the chance to ask any burning questions, raise concerns, and get a real feel of whether the lawyer is the right advocate for you in this rollercoaster ride.
Rest assured, most Brooklyn legal separation lawyers do not charge a legal fee for this valuable initial appointment with their potential client. So waste no time and seize this exceptional opportunity to safeguard your legal rights and steer your life towards the brighter future that you deserve.
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