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Does not end your marriage
- Legal separation is when you stop living with your spouse and you have a legal separation agreement, or contract, that you both follow. If a spouse does not follow the agreement, family court can enforce it. Unlike a divorce, legal separation does not end your marriage.
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Can a legal separation dissolve a marriage in New York?
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Apr 4, 2024 · Source: LawHelpNY. Legal separation is when you stop living with your spouse and you have a legal separation agreement, or contract, that you both follow. If a spouse does not follow the agreement, family court can enforce it. Unlike a divorce, legal separation does not end your marriage.
- How Does Legal Separation Differ from Divorce?
- What's Considered A Legal Separation in New York?
- What Exactly Is A Separation Agreement?
- Are There Reasons to Opt For Separation Over Divorce?
- Is There Such A Thing as A Trial Separation?
- Must I Use An Attorney For A Legal Separation?
A legal separation can resolve all the issues you'd address in a divorce. But after you obtain a legal separation, you'll still be married. Only a divorce can formally dissolve your marriage.
If you want to be legally separated in New York, you can use a procedure known as an "action for separation." This method involves starting a court case based on grounds (reasons) similar to what you'd allege if you were seeking a divorce. The case proceeds through court, and at the end you'll receive a Judgment of Separation. This procedure will a...
Essentially, a separation agreementis a written contract that the spouses enter into. Like an action for separation, its goal is to resolve issues addressed in divorce, like custody and parenting time (visitation), child support, spousal support (alimony), and distributing the couple's property. As with any valid contract, the spouses are legally o...
There are several reasons couples might choose to pursue separation. Sometimes, it's a matter of economics. Spouses may want the ability to continue to file joint tax returns, for example. Or they might do it to technically remain married for the ten year period needed for one spouse to claim social security based on the other spouse's benefits. An...
There is. The term ordinarily refers to an informal agreement between spouses to live separate and apart. You may see this in situations where couples want to take stock of their marriage, but don't feel they can effectively do this in the midst of the tension that exists while they're living together. There's no formal provision in the law for a t...
Being represented by an attorney isn't a requirement for a legal separation. That said, you should understand that, as with a divorce, the issues addressed in separation can be quite complicated. Attempting to resolve them without being well-versed in family law could come back to haunt you. For your own protection, consider retaining a knowledgeab...
If you and your spouse end up getting divorced, there are several things that can happen to the separation agreement, depending on how it was written. First, the separation agreement could say that it becomes part of the later divorce judgment. This is called merger.
Feb 9, 2024 · If you and/or your spouse have decided that you can no longer live together as a married couple, you can choose a permanent option (divorce) or a semi-permanent option (legal separation) in New York. Read on to learn the difference between the two, and for help deciding which one is right for you. Let’s get started.
- Can you date during legal separation in New York?Above, we briefly mentioned that adultery is a legally recognized ground for divorce in New York. Ordinarily, proving fault may impact the outcome...
- How long is a legal separation valid in New York?A legal separation is valid in New York for as long as you want. It will no longer be valid after you either reconcile or divorce, although, in the...
- How Much Does a Legal Separation Cost in New York?When you submit a separation agreement to the county clerk, the filing fee is between $5 and $210, depending on where you live. If you live in New...
There is no provision for a “no-fault” separation. The five possible reasons justifying a court-ordered legal separation are slightly different from those for a divorce:
Sep 14, 2023 · Marital Status: Legal separation does not dissolve the marital status, while divorce ends the legal marriage. Remarriage: After a legal separation, individuals cannot remarry unless they subsequently obtain a divorce. After a divorce, both parties are free to remarry.
