Legal Separation on Long Island, NY
Some married couples on Long Island prefer a legal separation instead of a divorce. Typically, couples seek a legal separation because they (i) want to see if they eventually can repair the marriage relationship and avoid a divorce; (ii) want to remain on a spouse’s health insurance plan; or (iii) for religious reasons.
Benefits Of Obtaining A Legal Separation Agreement:
Obtaining a legal separation can determine your legal rights and obligations and also protect you. Simply not living together does not constitute a legal separation. In order to effectuate a legal separation, you need to either: (i) enter into properly drafted legal separation agreement or (ii) go to court and get a court-ordered legal separation. In most situations, it is easier, quicker and less expensive to enter into a legal separation agreement versus going to court to obtain a legal separation.
A legal separation agreement will address all the critical issues that need to be resolved, including, child custody, child support, spousal support (alimony), marital property, and marital debts. In order for the legal separation agreement to be valid, it must be properly signed and notarized by a Notary Public.
As with any agreement, a legal separation agreement is a contract and can be enforced through the courts. However, if the agreement does not contain certain language or is ambiguous, then you may have difficulty in enforcing the agreement.
For a small fee, the legal separation agreement can be filed with the Clerk of the Court. This is highly recommended.
One year after the proper notarization of the legal separation agreement, you can file for a divorce. However, the divorce is not automatic. In order to make sure that the legal separation agreement can be used as the basis of your divorce, the agreement should contain certain legal language that your attorney can draft for you. However, it is up to the Court and the Judge to make a final determination of whether the legal separation agreement will be the basis for your divorce and all the terms of your divorce.
It is important to note, that while you are legally separated, you are still married. Accordingly, you cannot re-marry until you get divorced.
Contact An Experienced Separation Agreement Lawyer on Long Island
If you are considering a legal separation, it is important that you retain experienced legal counsel to make sure that your legal separation is handled properly. David Badanes, Esq. and the Badanes Law Office have drafted numerous legal separation agreements and also converted legal separations into divorces.
For more information, please call David P. Badanes and the Badanes Law Office today at 631-239-1702, email at email@example.com or contact the Badanes Law Office online. We have offices in Northport, Suffolk County and Garden City, Nassau County.