Long Island Legal Separation Lawyer
Legal Separation
A New York legal separation lawyer at The Kepanis Law firm can guide you through the legal separation process should you not want to divorce for religious, financial, or personal reasons. A legal separation is established when the parties separate and either a court rules on the division of property, alimony, child support, child custody, and visitation or the parties negotiate and execute a Separation Agreement. In addition, certain employment and medical benefits are preserved by separating rather than divorcing, even though deductibles and catastrophic health care coverage may be affected. At The Kepanis Law Firm, our family law attorneys will review the legal and financial ramifications of a legal separation. We have guided many clients through the legal separation process as well as other family law actions throughout Nassau and Suffolk County, New York. Our efforts will be focused on outlining the pros and cons associated with a legal separation so that you feel confident about your decisions concerning you and your family.
Child custody, parenting time, and spousal support issues must be resolved before you and your spouse can be legally separated. Regarding certain financial matters, you will be divorced for all intents and purposes. It is important to note that an order of legal separation does not terminate the marriage and the parties are not free to remarry. A legal separation can be a benefit to a spouse since their status as a spouse is retained in respect to things such as medical benefits, pensions, tax benefits and inheritance. Our New York legal separation attorneys can assist our clients through these complex issues so that everyone involved is prepared for the obligations set forth in any legal seperation.
There are two ways to become legally separated in New York:
- Obtaining a Separation Agreement
- Obtaining a Judgment of Separation
The most common way is by having both the husband and wife sign a Separation Agreement. The agreement should address how financial and property issues are to be resolved. When children are involved, the agreement should contain the terms of custody, visitation, child support, medical insurance coverage, and all other pertinent issues.
The second and much less common way to become legally separated is by obtaining a Judgment of Separation. In this situation a spouse needs to bring an action in Supreme Court. The grounds for starting an action for separation are similar to those of a divorce, with the exception of abandonment, which can be less than one year for a judgment of separation. An action for separation for non-support can also be started in this situation. Keep in mind that divorce is not automatic after a year following the judgment of separation. After being legally separated pursuant to a judgment of separation, either party can proceed with a divorce action based upon the judgment of separation one year and one day after the execution of a valid Separation Agreement.
We work hand in hand with our clients to establish legal Separation Agreements that are suited to their needs. Our goal is to work toward an equitable resolution of your concerns, with a very diligent, compassionate and capable approach to the process, whether in court or negotiated outside court. To speak with a Nassau or Suffolk County legal separation attorney, contact the Kepanis Law Firm today.