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Simonetti & Associates, Nassau County Divorce Lawyer

How To File For A Separation

When your relationship is going through an extended rough patch, it’s easy for onlookers to suggest filing for divorce. However, if you and your spouse need time apart but believe this could potentially save the marriage, there is another route to take. At Simonetti & Associates, we help clients in this situation file for legal separations. To learn more about this and if it’s right for you, schedule a consultation with our divorce lawyer in Wantagh today.

What Is A Separation?

Legal separation occurs when a court rules that both spouses still carry the same duties towards one another during a marriage. However, they are currently not in a relationship. While separations aren’t that common, they can be extremely beneficial for couples working on sorting out personal and financial issues during the marriage. Our divorce lawyer in Wantagh will work diligently to help secure a legal separation when you and your spouse believe it will help.

How To File For A Separation   

When it comes to filing for a separation, there are two routes a person can take. The first one, which our divorce lawyer in Wantagh recommends, is creating a separation agreement with your spouse. Doing so allows both parties to have their needs met. The second option is to go to court and file for a contested separation. Going to court and fighting over this can be a complicated and drawn-out process, eliminating some of the benefits that come with legal separation.

What Are The Benefits?

As previously stated, there are multiple benefits to be had from mutually agreeing to legally separate. After our divorce lawyer in Wantagh drafts up the agreement and it is signed, you can begin reaping the positives of doing so. Examples of this we’d like to call out are:

  • Keeping healthcare and social security benefits intact.
  • Retaining your marital status (if you anticipate getting back together, you won’t need to remarry).
  • Ability to make legal, medical decisions for one another.
  • You are not held responsible for any debt accumulated by your spouse after the separation.
  • Each spouse’s legal right to property accumulated during the marriage is retained.  

Contact Us

Sometimes, a legal separation is what is needed to save a marriage. In other instances, separations can end a relationship while still keeping the benefits that accompany marriages. In either scenario, our team at Simonetti & Associates will help. By scheduling a consultation with our divorce lawyer in Wantagh, you’ll get all the answers about this process you’re looking for. To get started, don’t hesitate to contact our team today.

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How To File For A Separation