Blog
NYC Legal Separation Lawyers
Contents
Last Updated on: 23rd June 2025, 01:49 pm
NYC Legal Separation Lawyers: An Overview
Sometimes couples do not immediately file for divorce but instead file for a legal separation. This gives both spouses time on their own to sort things out and obtain intervention and mediation for their differences. The greatest difference between a legal separation and a divorce is what is going to happen after you file it with the court. In a legal separation, you are still married but living apart, while in a divorce, once it is processed, you will be divorced rather than just living apart. A legal separation is filed for a number of reasons, all of them due to something that has occurred within the marriage that makes living together at the moment difficult.
The differences between divorce and legal separation are many and need to be explored fully before filing for the separation.
Legalities of Legal Separation
Separation is the precursor to divorce. It is a temporary condition and agreement between two married people who are experiencing so much difficulty in their marriage that they need to live apart. The couples will need to work out the same details they would in a divorce: alimony, child support, child custody, and living arrangements. However, during the separation, a divorce is not moving forward. Instead, both parties are trying to work out their differences and decide whether or not to go forward with a divorce.
Marriage counseling and other forms of mediation will help couples do what is best for them at the end of the separation. Legal separation is typically filed when couples are leaning toward divorce, as opposed to very brief periods of separation that are decided upon informally between couples and not filed with the courts.
What Must Be Decided During Separation
For the court to grant a legal separation, both parties must work out their differences and decide who will live where, who will have custody of the children, if there will be any spousal support, and if there will be any child support. Other things might be discussed, such as whether or not both people are allowed to date during the separation, although the legal system typically frowns on this practice. Many spouses can use this action during a divorce proceeding to affect the outcome later on, so whenever possible it is best not to date during a legal separation.
The court will grant legal separations once everything is worked out in detail. Other arrangements might include court-ordered couples therapy that will shed more light on the problems within a marriage and help the spouses decide whether to divorce or reconcile.
How Our Attorneys Can Help You
A legal separation can be just as stressful as a divorce. You are accustomed to seeing your spouse each day and sharing your life together. During your time apart, you will not have that daily interaction, and this can lead to serious anxiety and depression. Couples who get counseling will also have to discuss the problems within the marriage and often face difficult changes if things are going to work out.