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Legal Separation & Separation Agreements: How to File July 12, 2012

Chelsea, Manhattan
Legal Separation & Separation Agreements: How to File, Manhattan, New York

Legal separation for most families—whether temporary or permanent—can be hard to endure. Yet the challenges that come with maintaining your marriage and a happy home only increase over time. Filing for legal separation in New York City is an alternative that you can use when resolving financial, personal and/or emotional issues that may tear you apart as a couple temporarily.

Contrary to popular belief, legal separation and filling a separation agreement are two different processes. Knowing the difference may help you to make the best decision for you and your family.

What is a Separation Agreement?

A separation agreement typically means that both parties have decided on the terms for separation without a court proceeding. There are many reasons as to why people come to terms with a separation agreement, including healthcare, insurance, social security and pension benefits, and religious opposition to divorce. In a separation agreement, both parties agree to live separately. However, a legal separation must be filed prior to seeking a divorce (which has a one year waiting period). Legal separation may be an alternative course of action if, after a separation agreement, one or both parties do not consent to following the guidelines of the agreement.

What is Legal Separation?

Legal separation is a temporary separation of two parties. This option is available to couples who want to stay together but would like to settle the terms of separation through a court proceeding. Additionally, a legal separation does not end a marriage, but serves as an alternative to divorce. The time spent separately can also be conducive to the relationship by helping to resolve problems and concerns. Couples that choose to live separately for a period of time can also establish an legal agreement addressing financial responsibilities, property distribution and parenting support. The court will also govern what will happen during the separation trial period, as it pertains to child custody, and spousal alimony.

If you are experiencing difficulties in your marriage, legal separation grants protection for both parties whether you choose to stay together or not. Nevertheless, seeking the right help from experts who can help provide you with possible legal alternatives is your best course of action. Whether you choose to handle your separation in or outside of court, services like We The People can help.

To obtain a legal separation in New York, one or both parties (depending on options available in your state) will file all required paperwork with the appropriate court, beginning with a petition (or complaint). A legal separation is granted by a judge after the necessary paperwork has been submitted, any required waiting periods have lapsed and all appearances before the judge are completed. In some cases it is not necessary to be physically present in the court to get a legal separation.

Marriage is a wonderful experience. However, as many people come to understand, every marriage goes through seasons. While some are filled with bliss, you may need help juggling the challenges in between. If you are considering marriage separation, stop off at We The People to discuss your options.

Remember, We The People are currently offering 20% off for divorce filing.

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