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The Differences of Divorce & Separation In NY

The Differences of Divorce & Separation In NY

Separating from your spouse is never easy, but it doesn’t have to be a long-term battle if approached with the proper guidance. Deciding if a separation or a divorce is the right path for your life depends on a variety of personal considerations; plans, family obligations, and many other factors like finances and child care are all important topics to address. Before getting into the details, let’s compare the key differences between a divorce and a legal separation in New York.

What is Legal Separation?

After signing a legal separation agreement, a couple can live separately, divide assets, and share child custody while remaining legally married. A separation may be preferred over a divorce settlement if divorce is prohibited due to religious beliefs, a couple is on a shared health insurance plan, or there is potential for the couple to reunite. Since a legal separation does not require a judge’s approval, divorce mediators in Suffolk County can walk you through the legal separation agreement and file the county paperwork after just a few sessions, rather than waiting up to 4-6 months for a finalized divorce settlement. 

With a legal separation, the option to convert the legal separation into a full-fledged divorce is possible. If you both still agree to the financial and settlement terms of the separation agreement, you can recycle the separation agreement into a new divorce settlement. 

Divorce in New York State

Unlike a legal separation in which you are still legally tied to your spouse, a finalized divorce settlement breaks all legal ties to your spouse. There is no need to prove fault In New York. If you want a divorce, you will get a divorce. Spouses must decide upon a Stipulation of Settlement or agreement. There are additional divorce documents. The proper documents for the divorce must be notarized while signing before going to a judge to be approved and finalized

Simplify the Process of a Separation or Divorce

Before deciding if a legal separation or divorce is best for your situation, it’s essential to compare the best options. Our divorce mediation team has over 30 years of experience helping couples redefine a realistic path forward. We advocate for our client’s fair separations with neutral mediation that leads to fair compromises for everyone involved.

Learn More About Our Mediation Process

Unlike traditional divorce litigation, our experienced divorce lawyers in Long Island offer comprehensive guidance to streamline the entire process. We will help you and your spouse reach a fair agreement based on the facts, assist with all paperwork, and provide neutral guidance that leads to reasonable resolutions and significant time and money savings over traditional divorce proceedings.

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