Separation Agreements in Long Island

New York Family Law Attorneys

If you and your spouse have decided to separate but are not yet sure about filing and finalizing a divorce, you may want to consider a separation agreement. At Hedayati Law Group P.C., our family law attorneys in Long Island have years of experience dealing with complicated divorce and separation issues throughout New York City and Long Island, including Melville. Allow us to guide you through this difficult time, protecting your rights and best interests from start to finish.

Separation

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Sorting out the details of separation

In many ways, a separation is an entirely different animal than divorce, yet both have similar end goals in mind: the preservation of each spouse’s happiness by finding time to focus on themselves. A separation agreement is not something that you can apply for through the court, and it is not something that the court grants; rather, it is a legally binding contract. Agreements that are written poorly can lead to confusion and future discrepancies. As such, it is imperative that you contact a divorce attorney from our office to draft your separation agreement with the proper language that will make the agreement clear, concise, and solid. It becomes official when the signatures of both spouses are recorded on the agreement by a notary public.

With that said, it is therefore necessary that each spouse consents to a separation agreement, or it will not be enforceable. For example, if one spouse is unreachable or otherwise unable to consent to the agreement, the separation procedure cannot advance. As a result, it is essential that both parties are on the same terms as they enter a separation.

Why You Should Consider separation

It is important to know that when a couple decides to separate, and live apart, it does not mean that there is dissolution of the marriage. However, after the separation agreement has been legally binding for more than one year, you can petition for divorce. In this specific situation, you can be granted a “conversion” divorce, which allows a spouse to file for divorce based solely on the separation agreement, and additional grounds for divorce are not necessary.

But why not divorce in the first place? Consider these benefits to separation:

  • More comfortable pace: Divorcing is a major life decision, perhaps even more impactful than getting married. Rather than diving in and committing to ending your marriage, a separation can act as a trial period apart, letting you both know if that is really what you want before you get into the thick of a legal dispute.
  • Burdens shared: Once you divorce, any debts you accrue are probably going to be all on your shoulders. In a separation, debts collected due to necessary expenses – such as raising a child – can still be considered marital assets split between you and your possible-ex-spouse.
  • Religious reasons: Many people have a strong religious opposition to divorce, as they consider their marriage sacred, albeit dysfunctional. Separation can allow people to find peace of mind without making them question their personal beliefs.
  • Insurance benefits: A married couple usually gets more insurance – and tax – benefits than people who are single or without family. Separation will maintain these benefits as you figure out what to do next with your marriage, whereas divorce would have instantly eliminated them.

Of course, the specifics of your own marriage and reasons as to why you may be questioning it will greatly influence whether you should separate or divorce. Before you commit or get lost in the legalese, be sure to team up with our Long Island family lawyers.

Put your future in the hands of experienced attorneys that you can trust. Call our firm, Hedayati Law Group P.C., to discover your legal options in a free consultation!

Contact Our Offices Today!

Let us be your confidant when you have no one else to turn to. Call us at (631) 880-6440 to schedule a free consultation.

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