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What is a Separation?
March 17, 2018
If you are contemplating separation from your spouse you are not relegated to filing for a divorce. You may also file for a legal separation. When you file for divorce you are asking to settle all of the financial support and custody issues of your case, as well as asking for a dissolution and end to your marriage. However, in an action for a separation, although you can settle all of the issues that you settle in an action for divorce, a legal decree of Separation does not dissolve your divorce. This avenue is an important way to go if you wish to retain health insurance benefits but still be allowed to go on living separate and apart. Other benefits might be that you can still file joint returns which will result in lower taxes for the parties. However, if you pursue the avenue of a legal separation you cannot re-marry. IN New York you may also sign a separation Agreement which can be filed with the County Clerk. However, this sort of Agreement, if executed properly in a manner required for the filing of a deed while enforceable, is not as effective as a separation decree promulgated by the Court, as it is not a Court Order. As and for a Separation Agreement the parties hire two attorneys who draft a document that outlines the agreement of the parties as to custody, visitation, support and equitable distribution of marital assets and debt and each party agree to be bound by these terms. This is a binding document that can later be incorporated into a Judgment of Divorce and can form grounds upon which to file for a divorce when the parties are ready to proceed after one year.
At the Law Offices of Lisa Beth Older we often strive to settle contested divorces through the negotiation of stipulations of settlement or separation agreements because it best saves the clients time and money in a divorce or separation case and is less acrimonious.
The Stipulation of Settlement can also set forth detailed custodial arrangements which the parties will follow, whether or not they seek a divorce.
By: Lisa Beth Older
Your New York Divorce Lawyer