If you are going through issues in your marriage, but are reluctant to the idea of getting a divorce, a legal separation might be just the thing you need instead. At Simonetti & Associates, our divorce lawyers in Huntington, NY will tell you why you might qualify for a legal separation, and why it could be the best choice for you.
You might be wondering what the difference is between a legal separation and a divorce. In a legal separation, other aspects proceed similarly to how they would in a divorce, such as child custody agreements, spousal support, and property division, but the couple will still remain legally married.
So why choose a legal separation instead of a divorce? Here are some reasons below as to why some couples choose legal separation.
- Precursor to divorce, so the couple can see how this works before they officially file for a divorce
- Retaining benefits such as health insurance and social security
- Religious reasons, where divorce is prohibited
Despite these benefits, most legal separations eventually end in a divorce. To file for a divorce in New York, you and your spouse must be separated for at least a year, and then whomever the plaintiff in the case is, must have substantially complied with the terms in your separation agreement. If you have done all of these, you might have a leg up in your divorce proceedings. Our divorce lawyers at Simonetti & Associates in Huntington know that separation and divorce can be difficult, so if you feel that a legal separation is what you need to begin your divorce, we will help you get it.
If you only want a separation but have no current plans for a divorce due to religious or moral beliefs, this is okay as well. With a separation, you get the benefits of a divorce, without having to legally end the marriage itself. Whatever the reasons for your separation or divorce is, our attorneys will help you get through whatever is you need.