Did you ever wonder how different separation is opposed to divorce? In New York is allows married couples to file for legal separation. Simonetti & Associates have been working with couples in Nassau and Suffolk County facing a legal separation.
Legal separation is usually an alternative decision to filing for divorce. Most of the time it is when a spouse no longer wants to live together.
Most of the issues that can be settled in a divorce are settled in a legal separation. Unlike a divorce, however, at the end of a legal separation, the parties are still legally married and they are not legally able to remarry.
Legal Terms
- Separation means that the husband and wife do not live in the same household.
- Separation agreements are the legal document that states the terms of the separation.
- This must be voluntary and signed by both parties in front of a notary.
In separation by an agreement, the spouses make a decision about property, finances, insurance, child custody and visitation, and monetary support. Many married couples separate when contemplating a permanent split or work toward eventual reconciliations. Also, legal separation differs from more informal separation because a court must approve and order legal.
Legal Separation
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Does not end a marriage, for this reason, people who are legally separated may not marry a new spouse without breaking bigamy law.
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Also, it allows couples to return to life together if they decide to reconcile.
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Unlike divorce couples, if a legally separated couple wishes to get back together, they do not need to get married again.
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They would need to submit a request to resume the marriage to the court.
Legal Separation is not fully a divorce, but if the couple decides to permanently end the marriage, they should start to think about the divorce process. Simonetti & Associates can handle your dilemma.
