New York law permits you and your spouse the ability to legally separate by agreement. If you are facing challenges in your marriage, but do not want to pursue a divorce for one reason or another, you may desire to explore the prospect of legal separation. With this in mind, there are some facts and factors that you need to bear in mind when it comes to legally separating from your spouse.
Why Select Legal Separation Over Divorce?
If you want to pursue legal separation by agreement, as opposed to a divorce, you don’t necessarily need to have a specific reason to pursue this course of action. There are some common situations that motivate New Yorkers to seek a legal separation as opposed to a divorce.
One primary reason why some couples elect to pursue legal separation rather than divorce is because they do not believe that they have reached the juncture at which divorce is necessary. They have determined that they need to separate, at least for the time being. In some instances, these couples believe that taking a break in this manner might permit them the ability to reunite at a later date.
Another reason why some individuals seek legal separation over divorce is because of religious considerations. These couples have religious beliefs that make divorce impermissible. In order to stay in good standing with their religions, these people pursue legal separation.
Insurance issues may also motivate a couple to seek a legal separation rather than file for divorce. For example, if one spouse has health insurance through the other spouse, the only way that the insurance coverage can be maintained is by the marriage remaining in place. However, the couple has reached a juncture that they believe that they can no longer live together. Thus, a legal separation provides a solution.
Can a Divorce Follow Legal Separation?
Yes, a divorce can be pursued after a couple has been legally separated through an agreement. This reality points to an important issue. There are items that should be included within a legal separation agreement if a divorce is a possibility in the long run. The best way to ensure that those are contained within a legal separation agreement is to retain the professional services of a Brooklyn legal separation lawyer.
Provided that your agreement is properly drafted, one year after entering into it, you can file for what is called a conversion divorce in the state of New York. You file the agreement previously entered into at the same time that you file for divorce. When you pursue a divorce in this manner, you do not need to put forth any additional grounds for a divorce.
Signing a Legal Separation Agreement
Both spouses must voluntarily sign a legal separation agreement for it to be legally effective. A legal separation agreement must be signed in front of a notary public, pursuant to the provisions of New York Domestic Relations Law. The failure to have the agreement notarized will render it invalid and unenforceable.
Retain Brooklyn Legal Separation Lawyers
The first step in hiring Brooklyn legal separation lawyers is scheduling a preliminary or initial consultation with legal counsel. During this session, a Brooklyn legal separation attorney will provide you more detailed information about this type of arrangement in the state of New York. Legal counsel will also evaluate your situation to ascertain if a legal separation really does make sense for you.
During the appointment, you will have the chance to ask questions. In most cases, Brooklyn legal separation lawyers charge no legal fee for this preliminary appointment with a potential client.