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If are ready for a divorce but it is not a viable option at the time, you may be able to get a legal separation. There are many grounds for a legal separation including religion and financial. It an help a couple move on to an extent. But if you have come to the conclusion that the marriage for all intent and purpose is over, you will need to contact a divorce attorney to find out your rights.
Once you get separated in the state of New York, you are still technically married and must follow the rules and regulations associated with the separation. In most situations, couples will live alone. The issues of custody, child support, spousal support and division of property can also be addressed. If you are going through a divorce and separation is the best options, consult and attorney for advice.
Since divorces can be costly, a legal separation may be the best option at the time. While there are ways to get a less expensive divorce, some couples opt to avoid the expense altogether. Additionally, if a couple is legally separated, they can still file joint taxes, which also saves money. There are also other benefits with legal separations such as the ability to retain medical and healthcare coverage. If a legal separation is a good option for you, find out more by contacting an attorney today.
In New York, there are 2 ways to get a legal separation agreement: Either party may sue for legal separation by filing the appropriate complaint for legal separation, or by simply executing a separation agreement. The latter is the least expensive route.
A legal separation can also be drafted by an attorney. Once an agreement is made regarding all unresolved issues, it is signed an notarized making it binding. While this may sound a bit simplistic, there are other matters that will need to be addressed in the future such as pensions, real estate and even debts. This can only be untangled by a good attorney who is steeped in legal separation law. It is very important to have the proper representation to ensure the protection of your rights.
Each party should have an attorney to represent their case. While in most cases, agreements are set in stone, a judge could very well overturn it if is deemed to be unfair to one party. Also, if the agreement was signed under duress, coercion or blackmail, it would be immediately invalidated. Other ways to get the agreement tossed is failure to report all of your income. This is a major no-no. This is often a trick used by some parties to gain the upper hand.
If you are married but feel that a legal separation is best for you and your spouse, contact an attorney as soon as you can. A legal separation can get a bit tricky, you will need an attorney to help you work your way through the proceedings. Once you retain the services of a professional attorney, they will take care of everything from the paperwork to negotiations.
Most lawyers are highly-trained, skilled and motivated to help you with your legal situations. If you need a free consultation to get a better understanding of your rights, pick up the phone and make that call today.