How To File for Legal Separation in New York

the couple went to a lawyer to conclude an agreement on the divorce

While we all hope it’s “till death do us part,” for over half of marriages, for some couples, it just isn’t meant to be. Legal separation in New York is not as simple as you think, and requires attorneys to assist with the process. Fass & Greenberg, LLP is here to help.

How To File for Separation in NY

A separation agreement is a contract between you and your spouse in which you both agree to live separately and apart, and decide all of the issues relating to the marital relationship, including child custody, spousal support, child support, and property distribution. These issues need to be negotiated and memorialized in a written document drafted by an attorney.

The least common method is a judgment of separation from the New York Supreme Court. However, a couple may choose to obtain a judgement of separation after they execute their written separation agreement if they want to effectuate a division of retirement assets while remaining married.

Separation Agreements Can Be Incorporated into a Future Divorce

A properly negotiated and executed separation agreement can be incorporated into a judgement of separation or a judgement of divorce; both of which are court orders. The difference between the two is that after a judgment of separation is entered, the parties are still legally married and can file joint income tax returns, and in most cases, remain on one another’s health insurance policies.

Is There a NY Residency Requirement to Legally Separate?

There’s no residency requirement if you both are already NY state residents and the reason for the separation was in the state of New York. If that isn’t the case, then at least one spouse needs to have been a resident of New York for at least two consecutive years prior to the filing, or one spouse has been a resident of New York for at least a year prior to the agreement filing and:

The reason separation started in NY, or
The two of you married in NY, or
When the two married, you lived in NY.

How Legal Separation Attorneys Can Help

Did you know that temporarily reconciling with your ex could cause your separation agreement to be invalidated? Experienced family law attorneys do.

Suppose you’ve decided on legal separation in NY; attorneys can help you understand your situation. By getting professional advice and assistance, you will ensure that your contracts are valid and fair. They know all the ins and outs of separation agreements and can make sure that yours will stand up in court should it happen. With legal separation in NY, anyone should turn to experienced attorneys to ensure there are no mistakes.

If you require separation attorneys in Garden City, NY, Fass & Greenberg is here to help. Call our office today to talk with an expert about your filing needs at 516-742-8111.