There can be a number of advantages to acquiring a legal separation from your partner, but it’s best to equip yourself with the services of a legal separation lawyer before embarking on this complicated endeavor. Brooklyn residents benefit from the presence of a number of qualified legal separation attorneys in the area, and while they can guide you through every step of the process, it’s best to be well versed on the basics before your first meeting with a lawyer. Legal separation is often the best tactic to take when dealing with a dissatisfying marriage, and here are the things you should know once you and your spouse have decided that legal separation is for the best.
The Difference Between Legal Separation and divorce
Divorcing your spouse is not a decision to be taken lightly and in many cases, a marriage can be salvaged if each partner has the proper amount of time alone to properly consider the intricacies of the situation. The State of New York allows married couples to have this time through a process called legal separation.
While many of the issues solved with a divorce can also be solved through legal separation, spouses that opt for legal separation are still technically married. Legal separation is often pursued when the married partners no longer wish to live together but hold out hope that the marriage can be saved in the long term.
Another way in which legal separation in New York is different from divorce is that a legal separation agreement is not granted by the court. It is, however, a legally binding contract that both parties must agree to and is usually agreed upon in the presence of a Brooklyn legal separation lawyer. A legal separation doesn’t inherently include the wording that can allow this document to later lead to divorce, so you’ll need an attorney’s help if you want to include this verbiage.
Spouses that sign a legal separation agreement agree to live separately from each other, determine how expenses will be paid, which parent the children will live with and visitation rights, how property will be divided, and agree to many other issues often also covered in divorce proceedings. But unlike divorce, legal separation does not dissolve the marriage and the legally separated partners cannot remarry.
Reasons to Pursue the Path of Legal Separation
It’s not uncommon for married couples to go through a rough patch in which it seems absolutely impossible to continue living together for one more day but still believe in the potential of the marriage in the long term. In other cases, perhaps there is no hope for the marriage, but the partners simply don’t want to go through the arduous process of divorce just yet. In these cases, married partners in brooklyn often seek the aid of qualified legal separation lawyers to help them put a hold on their marriage until the best course of action can be determined. While legally separated, you remain married to your spouse and the legal separation becomes void at the point that you and your spouse move back in together with the intent to reconcile.
How to File for Legal Separation
In order for a court to view a legal separation agreement as valid, both partners must seek the aid of separate Brooklyn legal separation lawyers when drafting this document. While courts always presume legal separation agreements as valid, working with the same attorney can provide either partner to dispute the grounds of the separation in court. Also, if either you or your partner commits fraud in drafting the legal separation document, this can also be grounds for the agreement to be nullified. If you coerced your partner into signing the agreement or your partner coerced you into signing it, or if the agreement is significantly unfair to either party, a court may invalidate your legal separation.
With those warnings in mind, filing a legal separation document is usually very simple. You and your spouse simply sit down with separate attorneys, agree to the stipulations of the agreement, sign it and submit it to the court. While it’s up to the court to ratify the agreement, this is generally done automatically unless one of the partners objects. Obtaining a legal separation is much easier and faster than going through the difficult process of divorce in the State of New York, but contracting the expert services of a Brooklyn legal separation lawyer is essential to make sure that this delicate process is handled correctly.
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