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.
What Is Legal Separation And How Is It Different From Divorce?
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.
A separation agreement offers legal protection and provision for issues such as custody arrangements, child and spousal support, and debt and property division. In order to be separated in a legal sense, a couple must file an agreement with the court. Merely living apart does not offer the same legal protections.
What Should I Know About Suing For A Judgment Of Separation In New York?
Suing for a judgment of separation is far less common than going the route of filing for a legal separation. 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 citing the reason of 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 3 consecutive years, and abandonment.
What Is The Process Involved With Filing For A Legal Separation?
The couple, along with their attorneys and a neutral third party, sit down together for a mediation session. The presence of the attorneys and neutral party helps ensure the negotiations stay on track, the proper topics are discussed, and decisions are made. 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 agreement is drafted, signed, and notarized, the attorneys file it with the 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 given the protection and provision you need.