Share:

Married couples can separate or divorce. New York family law provisions set out differences between the choices. With the information below, you might be able to decide which option is better for your situation.

Distinguishing Between Separation & Divorce Under New York Family Law

Features of Legal Separation

In New York, legal separation occurs when you and your spouse remain married but agree in writing to live separately and comply with certain terms. The agreement is a legal contract, enforceable in court if either spouse violates it. Separation lasts as long as you want, and if it lasts more than a year, either spouse can use the agreement as separate grounds for divorce. 

family-law-Rochester-NYA legal separation agreement should include division of property, assets, debt, pension and retirement benefits, and spousal support, if any. If you and your spouse have children, you should agree on custody, visitation, and child support. Since the agreement must comply with applicable law, each should retain an experienced family law attorney to negotiate and prepare it. Once it’s complete, each spouse signs and acknowledges the Agreement before a notary, and it is filed with the County Clerk. The Agreement does not prevent you from seeking a divorce at any time, but it generally will not allow you to renegotiate its terms in the divorce action.

Other Separation Options Instead of Divorce

You may not want a divorce for religious reasons, or to have time for marriage counseling, maintain your spouse’s health insurance coverage, or to qualify for Social Security benefits from your spouse. If you don’t want a legal separation or divorce, you can live separately from your spouse without a written agreement. But if there are issues with children, support, or both, you will have to file Petitions in Family Court for custody, visitation, and support.    

Features of Divorce

A divorce terminates the marriage. Unlike separation, divorce allows you and your spouse to remarry. If you have a legal separation agreement, you can file for a “conversion divorce” after one year, keeping, the same terms unless there are grounds for modification. If you file for divorce, you can let the court decide contested issues such as child custody, support, and property division, or negotiate them as part of an Agreement settling the divorce and terminating the marriage at the same time.

 

Spouses pursuing options for separation or divorce look to Thomas A. Corletta, Attorney at Law for legal advice and representation. From his offices in Rochester, NY, this skilled and compassionate divorce attorney offers nearly 40 years of experience in family and matrimonial law, including Separation & Property Settlement Agreements, suing for divorce, and negotiating settlements. Get the help you need for your marital situation. Visit his website to learn more and call (585) 546-5072 to schedule a confidential, in-depth consultation.  

tracking