Garden City Legal Separation Attorneys

Supporting Legal Separation in New York

If you and your spouse are experiencing marital troubles but are not ready to consider divorce, legal separation may be a good solution for your situation. A separation agreement is a legal contract between a couple that details the plan of how the couple will live separately while still remaining wed under the law.

Your agreement would address such issues as custody and visitation of your children, financial matters, property division, and other relevant factors of your separation. Should you and your spouse later decide to divorce, this agreement can be incorporated into the final divorce order.

Take the first step toward clarity in your legal matters. Contact us online or call now at (516) 727-7203 to schedule your free consultation with our Garden City separation lawyers.

What is Legal Separation?

Legal separation is a formal agreement recognized by the court that outlines the rights and responsibilities of each spouse while they live apart. Unlike divorce, which legally ends a marriage, legal separation maintains the marital status of both parties. 

The purpose of the agreement is meant to enable you and your spouse to successfully live apart while dividing your respective rights and the responsibilities of your household.

The separation agreement is legally binding, which means if you or your spouse fails to comply with the terms, it can be enforced by the court. If you do choose to divorce, the process may be simpler, as the judge can easily convert this agreement into a divorce order.

Reasons for Legal Separation

There are several reasons couples might choose legal separation instead of divorce, including:

• Trial Period: Legal separation can serve as a trial separation, allowing couples to evaluate their relationship from a distance without the finality of divorce.
• Religious Beliefs: Some individuals may have religious or personal beliefs that discourage divorce, making legal separation a viable alternative.
• Financial Considerations: Legal separation allows couples to separate their finances while still providing access to benefits such as health insurance or spousal support.

Divorce is a serious decision for any couple, and if you are unsure if it is the right choice for your family, you should wait to take this big step. Separation may be a great option and can provide many advantages.

The Legal Separation Process in New York

Navigating the legal separation process involves several steps, and having skilled Garden City legal separation attorneys can help ensure that your rights are protected throughout:

• Consultation: The first step typically involves a consultation with an attorney to discuss your situation, needs, and goals. Your attorney will evaluate your circumstances and explain the legal separation process.
• Drafting the Separation Agreement: This agreement outlines important terms such as child custody, spousal support, property division, and any other relevant issues. Your attorney will work with you to ensure that the agreement reflects your needs and protects your rights.
• Filing the Agreement with the Court: Once the separation agreement is finalized, it will be submitted to the court for approval. While legal separation does not require court intervention in all cases, having a court-approved agreement can provide additional legal protections.
• Implementation of Terms: After the agreement is approved, both parties must adhere to the terms outlined in the document. This may include financial responsibilities, child support payments, and visitation schedules.
• Modification of Terms: As circumstances change, you may need to modify the separation agreement. An attorney can help you navigate this process to ensure that your agreement remains relevant and enforceable.

Need guidance on legal separation? Reach out to us online or call today at (516) 727-7203 to schedule your free legal consultation.

Legal Implications of Separation

Legal separation can have significant implications for both parties, and understanding these is crucial:

• Marital Status: Although legally separated, you remain married. This means that any legal benefits associated with marriage, such as tax benefits or health insurance, may still apply.
• Child Custody and Support: A legal separation agreement can establish child custody arrangements and child support obligations, providing clarity and legal standing in case of future disputes.
• Property Division: The separation agreement can outline how assets and debts will be divided, potentially preventing future conflict.
• Health Insurance: Legal separation may allow one spouse to maintain health insurance benefits through the other spouse's plan, depending on the terms of the policy.

The Importance of Experienced Representation

This is a stressful time for you and your spouse, but it is important to have all the facts before making a choice as significant as divorce. By discussing separation with your attorney, you can think through your marital problems and the effects divorce would have upon your family and your possessions. Separation can allow you to experience what life may be like if you and your spouse end your marriage, and how your children and other relatives would be impacted.

If you are considering separation, it is important to first discuss your situation with a seasoned Garden City divorce lawyer. Just as there are a number of legal benefits to be enjoyed from separation, there are also certain legal implications you must be aware of. Your attorney can assess your circumstances to determine how you could be affected be separation and protect your rights and interests as you seek an agreement with your spouse.

Contact Jonathan E. Edwards P.C.!

Our team at Jonathan E. Edwards P.C.. is dedicated to providing the people of Garden City with caring and effective family law services, and we can assist you and your loved ones during this difficult time. An attorney from the firm can evaluate your case and help you understand the pros and cons of filing for legal separation, and if you decide it is the right fit for your situation, we can guide you through every step of the process.

We have assisted countless clients through separation filings, and we can provide you with the caring legal counsel and strong advocacy needed to ensure your voice is heard before the court.

If you would like to discuss your case with an experienced Garden City legal separation attorney from our firm, please contact our offices at your earliest convenience to find out how we can help!