The Harding Law Firm News

What you should know About Legal Separations in New York State —Seek Advice from a Separation Lawyer

Harding Law Firm - Tuesday, December 17, 2013
A judge typically grants legal separations in New York, if both spouses are in agreement with a contract stating the grounds and requirements for the separation. Provisions included in the contract can include such items as living arrangements, child custody rights, and alimony or child support payments. A legal separation is usually sought for one of two reasons—it is the first necessary step to being granted a divorce if there are no initial grounds for divorce, or because two spouses feel that some time apart may actually serve to improve the marriage in the future.

Obviously, divorce is a difficult process, and a legal separation can be stressful, even when two spouses agree about the necessity of a separation. An experienced separation lawyer can counsel you on the complexities of legal separations to minimize stress and make your experience as smooth as it can possibly be.  

Filing for Legal Separations

When a legal separation is filed with the county clerk in New York, the state requires that both parties agree to the terms of a contract. After one year of legal separation, either spouse has the option of proceeding with what is referred to as no-fault divorce. This refers to a divorce in which no one spouse is particularly at fault. A legal separation is required before a no-fault divorce can be obtained.

Here are the key steps involved in legal separations:

➢    Individuals filing for legal separations in New York State must fulfill residency requirements.

➢    After meeting the residency requirements, you can file a separation suit through a separation lawyer or the court clerk, using online resources or filing pro se.

➢    The legal separation agreement is also made along with the petition. The agreement should cover all issues like child custody, spousal support, debt repayments, visitation rights, marital assets, and so on.

➢    If it is not a joint petition you will have to serve a petition for legal separation, to which the spouse has to respond within a certain period of time.

➢    Once the legal separation agreement is recorded with the court clerk, you will be legally separated.

To know more about legal separations in New York, contact Charles Harding. Understand your rights and protect them with the right separation lawyer on your side. Call 518-384-3400 and book a free consultation today.