Getting a legal separation on Long Island

Are you experiencing difficulties with your marital spouse? Divorce is not the only option available.  A legal separation allows married couples to live apart from each other while maintaining a written list of obligations and rights. Legal separations do not end the marriage and are ideal for couples who are considering a divorce.

If the couple is still legally married, why must there be written rules and obligations? On Long Island and according to New York State law, the rules and obligations clarified by a legal separation determine several things:

    • Child Custody and Visitation Rights – When each parent lives a different house, having a written schedule of which child lives with which parent can make things less stressful.
  • Division of marital property – Most people assume a legal separation wouldn’t require a division of marital property. However, when one spouse moves out of the family home they will most likely take some property items.

Should you and your partner decide to permanently separate while in a legal separation, the divorce process will be easier. According to Simonetti & Associates on Long island, reconciling a relationship under a legal separation simply requires a written request to the court whereas under a divorce, the couple would need to remarry. For more information on benefits of a legal separation click here.

The most common reasons for legal separations are:

    • Religion – In some religions, getting a divorce is frowned upon or even not allowed. A legal separation can allow you to live apart from your partner while maintaining your religious beliefs.
  • Possible Reconciliation – If there is a possibility of solving your differences, you might want to consider a legal separation instead of a divorce.