Legal Separation Lawyer on Staten Island, New York
Staten Island Legal Separation Attorneys
In the state of New York, divorce is not the only legal option to cut ties with a spouse. There are two options to legally separate. One is to seek a legal separation. The other is to receive a judgment of separation from the New York Supreme Court.
If you are considering a legal separation in Staten Island, New York, it is important to consult with an experienced legal separation attorney who can help you understand your options and ensure that your rights are protected. The Soren Law Group has helped countless clients navigate the legal process of separating from their spouses, and we can help you too.
A legal separation is a formal process in which a couple legally terminates their relationship but remains married. Unlike divorces, a legal separation does not completely dissolve the marriage. Instead, it allows the couple to live apart and establishes certain rights and obligations with regard to child custody, visitation, child support, spousal support, and property division.
A legal separation can be an emotionally difficult decision, but it may be the right choice for you and your family. The Soren Law Group legal separation lawyer can help you navigate the complex legal process of separating from your spouse. We will work tirelessly to protect your rights and help you obtain the best possible outcome in your case. Contact us today to schedule a consultation.
Frequently Asked Questions
The length of time it takes to obtain a legal separation varies depending on the grounds used and the case’s specific circumstances. In general, however, the process can take several months from start to finish. A legal separation attorney can help you understand how long the process may take in your specific situation.
The costs associated with legal separation vary depending on the complexity of the case and the particular circumstances involved. In general, you can expect to pay several thousand dollars in attorneys’ fees and court costs.
Child custody is typically handled the same way as it would be in a divorce. The parents will need to come to an agreement on who will have primary custody of the children and how visitation will be scheduled. If the parents cannot reach an agreement, the court will decide based on the child’s best interests.
There are a few benefits of legal separation over divorce. These include the ability to remain on your spouse’s health insurance benefits, property rights, social security retirement benefits, and the fact that you will still be considered married for tax purposes. Additionally, a legal separation can be granted on the grounds of non-support, while a divorce cannot.
One of the main drawbacks of legal separation is that it can take just as long to obtain a legal separation as it would get a divorce. One of the main drawbacks of legal separation is that it can be just as expensive as a divorce. Additionally, separating couples are still considered married for purposes of inheritance and social security benefits, and pensions. Finally, a legal separation does not always provide the same level of closure as a divorce.
What Is Legal Separation and How Is It Different From Divorce?
Understanding legal separation is important because the couple’s status will have implications for their rights and responsibilities. Married couples have different legal rights and duties than unmarried individuals, even if they are living apart. Marriages can be ended through divorce, but separated couples are still married.
A legal separation can sometimes be referred to as a ‘limited divorce,’ ‘judicial separation,’ or ‘separation from bed and board.’ This can be a good choice for people who cannot divorce as per their religion or those who just need a break from the marriage in order to take a step back and re-evaluate.
In order to be separated in a legal sense, a couple must file an agreement with the court. A separation agreement offers legal protection and provision for issues such as custody arrangements, child and spousal support, and debt and property division. Merely living apart does not offer the same legal protections.
The court order obtained in a legal separation is known as a “separate maintenance” order. This decree from the court will order the husband and wife to live apart and not have any sexual relations. The agreements made in a legal separation can be used as the basis for a divorce if the couple decides to go that route at a later date.
Suing for a Judgment of Separation
Suing for a judgment of separation is far less common than going the route of filing for legal separations. This is mostly due to the costs associated with the process. It costs nearly the same as filing for divorce. So, if this is the case, why might a person make this choice?
For one, when suing to cite the reason for abandonment with a divorce, a person must wait one year or longer. Not so with a judgment of separation. And two, a judgment of separation can be granted on the basis of non-support, whereas with a divorce, this is not the case.
A person can file for a judgment of separation based on non-support from the spouse, adultery, cruel and inhuman treatment, a spouse being imprisoned for three consecutive years, and abandonment.
Process Involved in Filing For A Legal Separation in NYC
The couple, along with their legal separation attorneys and a neutral third party, sits down together for a mediation session. The presence of the lawyers, a mediator, and other neutral parties helps ensure the negotiations stay on track, the proper topics are discussed, and decisions are made.
From finances, assets, debts, expenses, income, and property to daily routines and parenting time, almost every facet of the couple’s lives will be decided during these mediation sessions. The couple must come to an agreement on issues such as living arrangements, spousal and child support, custody of children involved, living arrangements, and health care and insurance. This is often a process that can take several meetings before decisions are made and the agreement is finalized. Once the settlement agreement is drafted, signed, and notarized, the legal separation lawyers file it with the family court.
Separating from a spouse can oftentimes leave a person feeling heartbroken, scared, and maybe a little lost. You need a compassionate and competent family law attorney to see you through the process. Contact us here at Soren Law, and let us stand by your side through this trying time. We can offer you support and legal counsel to ensure you are given the protection and provision you need.
How Soren Law Group Can Help You Achieve a Legal Separation in Richmond County, New York
When a married couple decides to live apart, they may opt for a legal separation. This formal process can provide many of the same benefits as divorce without ending the marriage. If you live in Staten Island and are considering a legal separation, the Soren Law Group can help.
Review your situation.
The first step is to meet with one of our experienced Staten Island family law attorneys. When you schedule a consultation, we will review your situation and help you understand your legal options. We can begin the process on your behalf if you decide to pursue a legal separation.
Draft a separation agreement.
Once you have decided to proceed with a legal separation, our legal separation lawyer will help you draft a comprehensive separation agreement. This document will address important issues such as child custody, spousal support, and property division.
Negotiate a fair and equitable separation agreement.
After the separation agreement has been drafted, we will work with you to negotiate its terms with your spouse. We will also help you modify or enforce your agreement as needed. Our ultimate goal is to help you reach a fair and equitable agreement for both parties involved.
Attend all hearings on your behalf.
A trial separation can be a difficult and emotional time, but you don’t have to go through it alone. If you and your spouse are unable to reach an agreement, we will represent you at all hearings related to your legal separation. A judge will then review your case during the hearing and make a determination regarding the terms of your separation. We will also be there to provide support and guidance every step of the way.
Help you obtain a fair divorce settlement.
In some cases, couples who start the legal separation process eventually decide to get divorced. If this is the case, we can help you obtain a fair divorce settlement that takes your best interests into account.
File the necessary paperwork with the court.
Once the separation agreement is finalized, we will file the necessary paperwork with the court. We will also be there to answer any questions you may have along the way. Once the paperwork is processed, you will be legally separated from your spouse.
Enforce the terms of your agreement.
If your spouse fails to uphold their end of the agreement, we can help you take legal action to enforce the terms of your agreement. Our legal separation lawyers will work tirelessly to protect your interests and ensure that the terms of your agreement are upheld.
Expert Legal Counsel for Your Separation Needs | Legal Separation Lawyer on Staten Island, NY
Considering a legal separation? You’re not alone. A legal separation can be the best solution for many couples. It allows you to live separately while still being legally married. This can be helpful if you’re not ready to divorce or want to keep certain benefits of marriage, like health insurance.
We are a family law firm that specializes in legal separations. At Soren Law Group, we understand that this is a difficult time and decision for you and your family. That’s why we offer compassionate and experienced legal counsel to help you through this process. We’ll work with you every step to ensure your separation goes as smoothly and stress-free as possible.
We know what you’re going through, and we want to help. You need a legal separation lawyer who understands the law and will fight for what’s best for you and your family. Our Staten Island Legal Separation Lawyers have the experience and knowledge to guide you through this difficult time. Let us help you get started on your new life. Get in touch with us today to schedule a consultation.