New York Legal Separation Lawyer serving the Boroughs and Long Island
Legal Separation
Legal separation requires a completely different set of knowledge than for divorce proceedings. The separation lawyers at The Kepanis Law Firm have intimate experience and knowledge of New York State legal separation laws. We can guide you through the entire legal separation process.
Legal separation is an option for those who wish not want to divorce for religious, financial, or personal reasons. Similar to a divorce agreement, a legal separation requires negotiation and agreement regarding the division of property, alimony, child support, child custody, and visitation. Once these issues have been settled and/or you negotiate and execute a Separation Agreement you will be declared legally separated.
Many separating individuals do not know that certain employment and medical benefits are preserved by separating. For all intents and purposes, for most financial matters, you will be divorced, but in the case of medical benefits, pensions, tax benefits, and inheritances, a spouse's status as a spouse remains intact. Our New York legal separation attorneys can guide you through these complex issues so you know and are prepared for the obligations set forth in any legal separation agreement.
The experienced family law attorneys at The Kepanis Law Firm will review the legal and financial ramifications of a legal separation applicable to your particular situation. We have already guided hundreds of clients through the legal separation process in addition to other family law actions throughout Nassau and Suffolk County and the Boroughs. For each case, we will outline the pros and cons associated with a legal separation so that you feel confident about any decisions you need to make concerning you and your family.
Separation Agreement vs. Judgment of Separation
There are two ways to become legally separated in New York:
- Obtaining a Separation Agreement
- Obtaining a Judgment of Separation
A Separation Agreement
By far the most common method of separation is to have you and your spouse sign a Separation Agreement. Your legal separation lawyer from Kepanis will ensure that your agreement equitably addresses issues of how financial and property issues are to be resolved, and any terms of custody, visitation, child support, medical insurance coverage, and other pertinent issues related to the involvement of any children.
A Judgment of Separation
The second, and much less common way to become legally separated, is through a Judgment of Separation. This situation requires you to present the matter to the Supreme Court for their judgment. 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.
*Note: Divorce is not automatic following the one-year term of the judgment of separation. After being legally separated pursuant to a judgment of separation, either you or your spouse can proceed with divorce proceedings based upon the judgment of separation one year and one day after the execution of a valid Separation Agreement.
The New York family law attorneys at The Kepanis Law Firm will work hand-in-hand with you-our client-to establish a legal Separation Agreement that is suited to your individual needs. We will work toward an equitable resolution of your concerns, with a very diligent, compassionate, and capable approach, whether in court or out of court.
To speak with legal separation lawyer who has experience with the New York State laws governing these agreements, contact the Kepanis Law Firm today.