A legal separation is a less stressful solution to marital problems than divorce. Divorce is a permanent dissolution of a marriage, but whether you legally separate or divorce, you and your spouse have decisions to make. You must decide how you two will provide for your children separately and when you’ll be together. You must figure out how to divide your assets and debts acquired during your marriage. You and your spouse can’t possibly know all the complex issues which need to be resolved in order to achieve a legal separation. Our AV distinguished legal separation advocate has more than 40 years of experience helping clients through the process of legal separation or divorce.
Queens Legal Separation
The New York City Bar Association explains that a legal separation is not just living apart. A legal separation gives you and your spouse an opportunity to solve your marital problems, divide your responsibilities, and decide what is in the best interest of your children. A separation agreement is a legally binding signed contract with clearly delineated responsibilities for each spouse. Your legal separation agreement can be notarized separately by each party and filed in your county clerk’s office for a fixed-rate filing fee. Our Queens legal separation attorneys offer the following services:
- Dispute resolution
- Civil litigation
Child custody is either agreed upon by both parents who are parties to the separation, awarded through the juvenile court, or decided by the judge. If you choose sole custody, one parent makes all the decisions regarding your children’s home, school, medical care, and general well-being. The non-custodial parent is granted specific visitation hours with the children apart from the custodial parent. Joint custody is a time sharing and decision-making arrangement. Your legal separation agreement details how and when your children will spend time with each parent. When custody is joint, both of you make decisions for your children and you will raise your children together.
Your children are entitled to the support of both parents. Child support includes:
- Monetary support
- Health insurance
- Medical bills
Financial child support is paid to the custodial parent and the amount is clearly set forth in the sole custody separation agreement. Financial child support is based on the number of children in your family, the number of days the children spend with you and the number of days the children spend with your spouse, and the relative income of each parent. Child support may be determined by agreement of both parents or set by the court. Child support may be temporary or final.
Alimony may be temporary or permanent at the discretion of the judge or by agreement of the parties to help the lower socioeconomic status spouse obtain an education, possibly get a college degree, or train for and maintain necessary employment. Temporary alimony may be given when the children are young to contribute to the economic security of your children. Permanent alimony is only for women who served their families for many years as homemakers, providing child care, and serving the spouse who earned the marital income.
Equitable Distribution of Property
Equitable distribution means fair distribution of the marital property not precisely equal. Distribution of marital assets can be mediated by our Queens legal separation attorney. Working with your spouse and agreeing on the division of your marital assets and debts will save you money, reduce appearances in court, and cost less in legal fees and court costs. You may be able to sell marital property to pay off debt. Separation and divorce attorneys can stop creditor’s litigation, save your business, and your family home. Your wife is not interested in your business equipment, but she wants to keep the family home for the children. Maybe you can get out of debt, advance your business, and continue to maintain your house as part of your child support. Our experienced legal separation attorneys can help you agree on simple or complex:
⦁ Business interests
⦁ Retirement funds
⦁ Real estate
Spodek Legal Separation Attorneys
Call our multilingual Spodek legal separation lawyer in our Queens, New York, office where our family law attorneys can mediate, negotiate, or litigate domestic violence issues, child custody, child support, and the division of marital property, assets, and debts while you are in the process of legally separating. One year after filing the notarized separation agreement, either you or your spouse can petition the county court for divorce. We in our Queens family law firm work hard for our clients. Your initial consultation is free.