Staten Island Legal Separation Lawyers

Last Updated on: 4th June 2024, 11:14 pm

Legal Separation in Staten Island: A Stepping Stone to Divorce

No one in Staten Island is legally permitted to file for divorce without first expressing specific grounds. The State of New York offers several options in terms of legal grounds for divorce, and you have options for filing. The law does not require any couple or individual seeking divorce to retain the assistance of a legal separation attorney prior to their divorce, but it’s recommended when legal separation is the first step in the divorce process.

What is legal separation and does it mean we’re getting divorced?

Legal separation is not divorce. It’s not even required by law, but it is often a stepping stone to divorce in some households. Many couples facing marital issues decide separation might help them decide whether their marriage is worth saving or if divorce is the next obvious step. It’s perfectly legal to separate without hiring an attorney to create a legal separation document, but it’s not recommended.

When you decide to go through with a legal separation, you protect yourself and make a future divorce simpler. If you’re legally separated for six months or longer, you can file for divorce on those grounds without any issue. If you are legally separated, your spouse is required to follow through on any financial, parental, and other promises made when he or she leaves the home.

It’s a good idea for everyone to legally separate so the personal details of the separation are legally enforceable. For example, if a stay-at-home mom of three has a husband who works to provide for the family, she might like to have a legal separation contract drawn up to ensure her husband will continue to pay the mortgage and offer financial support to her and their kids as he did when they lived together. He might promise to do just that without any legal implications, but it’s only enforceable in court when there is a legal document presented.

Agreement is Required

If you intend to go through with a legal separation, there must be complete agreement between both parties on the agreement of the separation. It doesn’t matter if you’re only separating so you can start over in your relationship or so you can try living apart to see if it’s the way you want to go in the future. You must both agree to the terms, and there cannot be any discrepancy in the agreement.

This agreement is best discussed personally with you and your spouse and presented to an attorney or two. If your spouse feels he or she would like his or her own attorney during this process, that is a good idea. It’s always wise to have legal counsel who works only for you rather than with both of you as you come to an agreement. Mediation is available to help you come to an agreement with your legal separation issues as well.

Contact an Attorney

You can create your own separation agreement if you decide to separate, but it’s not considered legal. You can sign it, get a notary, and agree upon it but if one of you decides not to follow through with the terms of the agreement, it’s much harder to enforce the order in court without it being a legal document. It can be argued, but you’re far better off with the legal assistance of an attorney who is willing to make this official. Call an attorney to begin the process of legal separation. Doing it by the books is always easier when and if things go wrong.

Benefits of Legal Separation

Legal separation has many benefits that couples should consider when deciding whether to pursue it. Some of these benefits include:

• Time to Reflect and Reevaluate: Legal separation provides an opportunity for couples to take a step back from their relationship and reflect on what they want from it. It can also give them time to reevaluate their priorities and goals, both individually and as a couple.
• Avoiding the Divorce Process: Legal separation can be an alternative to divorce. It allows couples to live separately but still remain legally married. This can be beneficial for couples who do not wish to get divorced for religious or personal reasons.
• Child Custody and Support: Legal separation can help parents determine child custody and support arrangements, which can be beneficial for the well-being of the children involved. It allows parents to establish a schedule and determine financial obligations, ensuring that the children’s needs are met.
• Protecting Assets: Legal separation can help protect each spouse’s assets by establishing property division and financial obligations. This can be especially important if one spouse has significantly more assets than the other.
• Access to Benefits: Legal separation can allow one spouse to continue receiving certain benefits, such as health insurance or social security, that they may have otherwise lost if they had gotten divorced.

Disadvantages of Legal Separation

While legal separation can be a beneficial tool for some couples, it is not without its disadvantages. Some of these disadvantages include:

• Lack of Finality: Legal separation does not provide the same finality as divorce. Couples who are legally separated but still married may find it difficult to move on emotionally and start new relationships.
• Financial Obligations: Legal separation requires both parties to continue to fulfill financial obligations to each other, which can be a strain on finances. This includes spousal support and child support payments, which can be significant.
• No Right to Remarry: Couples who are legally separated but still married are not allowed to remarry until they get divorced. This can be frustrating for couples who have decided to move on and start new relationships.
• No Division of Retirement Assets: Retirement assets are not divided during legal separation, which can cause financial difficulties for one or both parties in the future.
• Emotional Strain: Legal separation can be emotionally taxing for both parties involved. It can be difficult to live apart from a spouse, especially if children are involved.

Counterarguments Against Legal Separation

While legal separation can be a beneficial tool for some couples, there are those who argue against it. Some common counterarguments include:

• No Legal Protection: Some argue that legal separation does not provide enough legal protection for either party. This is because legal separation does not provide the same finality as divorce, and couples who are legally separated but still married may find it difficult to move on emotionally and start new relationships.
• Financial Strain: Legal separation requires both parties to continue to fulfill financial obligations to each other, which can be a significant strain on finances. This includes spousal support and child support payments, which can be costly.
• No Division of Retirement Assets: Retirement assets are not divided during legal separation, which can cause financial difficulties for one or both parties in the future.
• Emotional Strain: Legal separation can be emotionally taxing for both parties involved. It can be difficult to live apart from a spouse, especially if children are involved.
• No Right to Remarry: Couples who are legally separated but still married are not allowed to remarry until they get divorced. This can be frustrating for couples who have decided to move on and start new relationships.

At Spodek Law Group, we understand how difficult it can be to go through a legal separation. That’s why we recommend contacting an attorney who can guide you through the process and ensure that your rights are protected. Doing it by the books is always easier when and if things go wrong. Don’t hesitate to call us to begin the process of legal separation.