The longer you're waiting around, the higher your legal fees. You could be sitting for hours waiting for a conference or hearing that may take only fifteen minutes. Also, court appearances are frequently "hurry up and wait" affairs. Court cases often tend to move at a snail's pace. The primary reason taking this route is so popular is because it generally saves time and money. As with any valid contract, the spouses are legally obligated to abide by its terms. 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. What Exactly Is a Separation Agreement?Įssentially, a separation agreement is a written contract that the spouses enter into.
This basically gets you to the same place as an action for separation, but it doesn't involve the courts.
Today, the preferred path to being legally separated is to enter into what's known as a Separation Agreement (also called a Property Settlement Agreement). But, as indicated above, when the case is over you're still married. This procedure will also seek to resolve issues you'd find in a typical divorce case. The case proceeds through court, and at the end you'll receive a Judgment of Separation. 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.
What's Considered a Legal Separation in New York? Only a divorce can formally dissolve your marriage. But after you obtain a legal separation, you'll still be married. How Does Legal Separation Differ from Divorce?Ī legal separation can resolve all the issues you'd address in a divorce.
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