Legal Separation Attorneys In New York
Legal separation is a process that allows couples to live apart while still remaining legally married. Unlike divorce, a legal separation does not legally dissolve the marriage, but it can provide some of the same protections and benefits. If you're considering a legal separation in Queens, New York, talk to our professionals at Davidoff Law. We understand that every family's situation is unique, and we're committed to providing compassionate, personalized attention that pays attention to what you need to make the most of a separation. Whether you're unsure if legal separation is the right choice for you or need help navigating the legal process, we're here to provide reliable guidance paired with honest communication.
Table of Contents
How Is Separation Different From Divorce?
Legal separation is a legal process that allows couples to live apart while remaining legally married. It is different from a divorce in that it does not dissolve the marriage legally, so their marital status remains intact when considered in the most important situations. At the same time, a legal separation can allow the separating couple to set forth rules and expectations just as they would in a divorce, such as how to handle the division—possibly the temporary division—of marital property.
Although separation is similar to divorce, they should not be mistaken for one another. You should always talk to a family lawyer before deciding on one option, so you can be confident that it fits your needs and expectations.
Reasons To Choose Legal Separation Over Divorce
Legal separation can be an option for couples who wish to live apart but do not want to get divorced. The reasons for choosing legal separation over divorce can vary depending on each couple's unique circumstances.
Three of the most common reasons why people prefer separation over divorce are:
- Financial worries: A divorce can significantly impact the financial balance between the two spouses. A legal separation can reduce or avoid those impacts, so it might be better for some spouses to separate first and file for divorce once it is clear that both will be financially stable afterward.
- Religious preferences: Some couples may want to maintain their religious beliefs and follow the tenets of their faith that prohibit divorce. Legal separation allows them to separate legally while staying within the boundaries of their faith.
- Uncertainty: Legal separation allows couples to live apart, often leading to clarity on the long-term viability of the marriage or a divorce. In some cases, legal separation may even lead to reconciliation, without ever having gone through the process of divorce.
Benefits Of Legal Separation
If you think you have a good reason to use legal separation over divorce, then you should know more about the benefits that it can bring. Our Queens legal separation attorneys can sit down with you to review the potential benefits that might be available in your case.
Important benefits of using legal separation rather than divorce are:
- Insurance and benefits retention: A divorce may end certain benefits that you share with your spouse, such as healthcare insurance provided as an employment benefit. A separation might be able to keep those benefits intact, even though you are separated.
- Easier to collaborate: Depending on the circumstances of your living and financial situations during a legal separation, it might be easier to collaborate with your spouse for matters concerning child custody and child support.
- Simpler to resume the relationship: Divorce dissolves your marriage, and it essentially cannot be undone. Deciding to stay with your spouse can be an entire ordeal and will likely require a second marriage certificate and everything that goes with it. On the other hand, if you are just separated from your spouse, then it is much simpler to end the separation and get back together as a married couple.
Talk To Our Firm About Separation Today
At Davidoff Law, our team of Queens legal separation attorneys understands that every family's situation is unique. We are committed to handling each case with compassionate and personalized attention. Whether you're seeking legal separation to clear your head about marriage or divorce, to protect certain benefits, or for religious purposes, we're here to help guide you through the process of legal separation. Let’s work together to find solutions tailored to your specific needs and goals.
