3505 Veterans Memorial Hwy
Ronkonkoma, NY 11779
In some situations, a legal separation may be be a better option than a divorce.The reasons for proceeding in this fashion range from the parties not being ready to fully sever the marital relationship; desire to avoid
alleging false grounds of adultery, cruel and inhuman treatment, or abandonment as a basis for the divorce; a need to maintain a spouse under family health benefits at no additional cost which would not be the case if there was a divorce.
There are two ways of obtaining a legal separation in the State of New York. The first is by way of a separation agreement, a written contract negotiated between the parties, often with the assistance of counsel. These agreements are comprehensive and resolve all issues arising form the marriage: custody and visitation, spousal maintenance, child support, property/debt distribution, etc. Indeed, the separation agreement is used to predetermine to result of a future divorce.
The second way to obtain a legal separation is by way of a
court decree. An action for a separation parallels that for a divorce. Like a divorce, grounds specified by statute are required. In a separation action, the Court can not only issue a decree authorizing the parties’ living apart, but can also award custody and visitation and provide for child and spousal support. What the Court cannot do is distribute assets or debts as the court is only authorized to do so pursuant to an action dissolving the marital relationship.
At Judd & Moss, P.C., we can explore with you the benefits of a separation versus a divorce and help you make the best decision for you and obtain the best options for you and your family.
Judd & Moss, PC
3505 Veterans Memorial Hwy
Ronkonkoma, New York 11779
(631) 981-9110
