Brooklyn, NY – There are certain situations where a couple may not necessarily need a divorce right away. Legal separations allow the couple to live separately, and they may choose to formalize a divorce at a later time. However, a legal separation does still require formal legal action even though the marriage does not end.
Procedures to start the separation
New York law allows two methods of obtaining a legal separation. The more common option is for the couples to draft a settlement agreement with assistance from a family attorney, agree to its terms, and formally file the document. A less common situation is where the Supreme Court needs to grant a judgment that formally separates the couple when issues are contested.
If there are terms related to minor children in the document that details the legal separation, a court can review these terms and they have the authority to step in and change whatever provisions they want. This is done to help serve the best interests of the children. Property division and alimony payments are covered in the separation agreement as well, but courts will not interfere with the couple’s intentions in these matters.
The separation can also be converted into a no fault divorce after one year. This is a convenient way to get divorced without any other legal grounds, as it gradually allows the couple to start to handle their own affairs and live separately before they are legally on their own.
Reasons for the separation
There may be certain benefits to married couples who have children to technically remain married even if they do not live together. This is often done until the children reach adulthood, then a divorce can be finalized. Taxation may also be easier to handle while a couple remains together and can file jointly. If the couple has health insurance that is sufficient to cover both of them through an employer plan or other means, it is also usually much more cost effective to continue this insurance policy. This is especially true if the couple has reached an old age. In some religious traditions divorce is frowned upon. A legal separation may reduce the chance that there will be any kind of stigma attached to the couple in their community.
Elliot Green Law Offices is a firm that provides professional guidance throughout the course of a divorce, child custody issues, child support hearings, and various other family law problems. Individuals in the Brooklyn area who need help from an attorney can contact the firm to schedule a meeting.
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