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Family Law Counsel For New Yorkers Seeking Legal Separation

For spouses, divorce might not be the preferred option for ending their relationship. No matter the reason, New Yorkers can choose legal separation as a viable alternative.

The attorneys at Fersch LLC have years of combined experience helping couples with the legal separation process. They can offer advice and address any questions or concerns you have.

What Is Legal Separation, And How Is It Different From Divorce?

A legal separation is an arrangement where couples are no longer together in a relationship but remain legally married. There are two types of legal separations that a couple may receive in New York. Under the first method of legal separation, spouses may sign a contract and divide property, assets and debts. However, they can still stay on their spouse’s insurance plan in many cases because New York law still views them as legally married.

The second form of legal separation is called an action of separation. This is similar to a divorce, in that your marital property, parental rights, and custody-sharing arrangements will be done by a court, but both parties remain married at the conclusion of the process.

Legal separation differs from divorce because neither spouse can legally marry another partner. Additionally, if spouses decide to stay together, they can petition their separation in court and ask New York Supreme Court judge to remove the separation order.

When Can Legal Separation Be A Good Idea?

Couples are the only ones who can determine whether a legal separation is the right decision for them. Here are a few reasons why they may choose to separate rather than divorce legally:

  • Spouses practice a faith that condemns divorce.
  • It allows them to do a trial run of divorce before fully committing to it.
  • Spouses are unhappy with their marriage but don’t want to break their family apart.
  • Spouses are unhappy with their marriage but want to hold onto the financial benefits of marriage, like employer-based insurance plans, Social Security benefits and tax savings.

Our attorneys at Fersch LLC can help determine if legal separation is right for you and your circumstances. Call 212-422-2660 to speak with someone from our team today.

Have More Questions? Reach Out Today.

Legal separation often isn’t discussed, but some spouses may find it an appealing alternative to divorce. We understand that you may have several questions surrounding your legal separation, and we are here to help. Complete our contact form to schedule your free consultation today, and we can help you determine an appropriate course of action.