Legal Separation Attorney in Nassau County

How to Get Legally Separated in NY?

In New York, there are two ways to become legally separated. The first is by entering into a separation agreement and the second is by asking the court for a separation judgment.

Judgments can be granted based on any of the following grounds:

• Cruel and inhuman treatment
• Abandonment
• Non-support of spouse
• Adultery
• Imprisonment for three or more years

Your next step will be to determine which court you will need to file for separation in, which will generally depend on the county where your spouse resides. Many of the same issues will need to be discussed in your legal separation case as in a typical divorce. For instance, you will need to discuss property division, spousal support, and any other relevant circumstances. If children are involved, child custody, child support, and visitation will also need to be determined. With 20+ years of experience, our firm can help you obtain a legal separation and reap the benefits of this action.

Financial Consequences of Legal Separation

Legal separation can bring about various financial challenges. Even though you remain legally married, you will still need to address critical matters like how property will be divided, spousal support, and the allocation of any debts. Unlike divorce, a legal separation doesn’t dissolve the marriage, meaning you might still be eligible for certain benefits, such as health insurance from your spouse’s job or social security benefits. It's essential to thoroughly assess the financial implications and seek advice from a qualified attorney.

Tax Implications

A legal separation can also have an impact on your taxes. Depending on how you and your spouse choose to file, it could influence your tax deductions, liabilities, and filing status. Generally, couples who are legally separated by the end of the tax year are not allowed to file joint tax returns, which may result in changes to your tax situation.

Changing a Separation Agreement

Over time, life changes may require you to adjust your separation agreement. Changes in financial circumstances, relocation, or updates in child custody arrangements might necessitate revisions. Modifying the terms of a legal separation typically requires court approval, so it’s wise to work with an attorney to ensure the changes are made correctly.

Reconciliation or Transition to Divorce

Sometimes, couples may choose to reconcile after a period of separation. If you and your spouse decide to reunite, you can terminate the legal separation. However, if reconciliation isn’t possible, the legal separation can be converted into a divorce. It's important to understand the processes and consequences of both options, and having a knowledgeable attorney can help guide you through either path.

Why Get A Legal Separation? Jason M. Barbara & Associates, P.C. Legal Counsel

Due to marital discord and alienation, many couples want to begin living separate lives but are not sure if divorce is the best route. If you are not ready to pursue divorce, for whatever reason, legal separation may be the proper route for you. Some couples believe that legal separation prior to divorce will make the process easier and less expensive.

For others, the reason for legal separation is because of religious convictions or medical insurance reasons. Regardless of the reason for pursuing separation, you will likely face substantial difficulties along the way. For that reason, having a knowledgeable family law attorney can be crucial to securing a favorable case outcome.

At Jason M. Barbara & Associates, P.C., we can help you obtain the proper forms and fill out the necessary documents in the correct manner. Call us today at (516) 406-8381 to learn more.