Understanding Legal Separation in Manhattan
If you and your spouse are facing a separation within your marriage, chances are good you’re prone to disagreement. A separation is a helpful tool in many marriages and divorces. It allows couples unsure they want to be married to one another any longer a chance to test the waters of single living. One of you moves out of your home, and you both begin living separate lives. Some couples do this to bring a bit of absence into their marriage to see if it helps them overcome their marital issues. Others make the decision to separate to help ease the pain of divorce.
The Importance of Legal Separation
Legal separation is not a requirement in Manhattan, but it is suggested by any divorce attorney. Hiring a separation attorney can help you protect yourself during your separation, and it also helps with the divorce process if that’s where your marriage goes during this time.
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Why Legal Separation Matters
Protection is key. You might trust that your spouse will follow through with his or her promises to you throughout the process of your divorce, but this is not always the case when you are going through a painful time. Your spouse might promise to continue helping you pay the expenses, care for the kids, and maintain your current lifestyle while you go through a separation, but what happens if he or she is upset or decides to move on and stop helping?
With a legal separation, the court can enforce any and all promises made in terms of child support and financial assistance. Legal separation requires you and your spouse create an acceptable agreement that outlines most of the issues you face when living apart, and it can even serve as a starting point if you ultimately decide you want a divorce.
- Division of marital property
- Financial support
- Child custody
- Child support
- Temporary maintenance
Once this agreement is created by your attorney, you will sign it and it will be notarized. Your attorney will process and file the paperwork with the court. If you or your spouse tries to get out of anything outlined in this agreement, a court of law can enforce the agreement. It serves as much-needed protection for you.
How Legal Separation Affects Divorce or Reconciliation
A legal separation agreement plays a significant role in your divorce. If you decide you no longer want to remain married, your separation agreement serves as a basis for the terms of your divorce. You and your spouse can sit down together or with your attorneys and discuss the terms and how they might remain in effect or how you’d like to change the terms to better meet your current situation. New York law states one of the legal grounds for divorce is a six-month separation. If you have this on the books legally, it assists in making the divorce process a little faster.
If your legal separation leads to a reconciliation, your separation agreement becomes null and void. This is positive and beneficial for both of you, and it helps you stay positive and in agreement during the course of your separation. When there is a legal document stating the agreements you have with one another, there is less room for disagreement.
Seeking Legal Assistance
Call an attorney to help. A legal separation is only made legal when you retain proper counsel. A separation agreement attorney can help you figure out what works for you, outline details you might not consider yourself, and he or she helps protect you financially when separation occurs. An attorney can help, and an attorney can help alleviate some of the stress commonly associated with legal separation.