Assistance With Legal Separations
In practical terms, there is little difference between a legal separation and a divorce in New York state. The process is similar, with agreements on matters such as child and spousal support, custody and property distribution. At our Rochester, New York, law firm, our family law attorney advises clients about the pros and cons of legal separation and helps them select the best options under their circumstances.
Why People Chose Legal Separation
There are a number of reasons why individuals choose legal separation over divorce, including:
- Religious prohibitions against divorce
- Legal separation may carry less stigma among friends and family
- Health insurance provided by one spouse's employment can continue for the other
- Legal separation can be converted to a no-fault divorce after one year in most cases
- Legal separation may be less emotionally stressful and allows individuals to become accustomed to living apart
- Legal separation protects your rights, whereas simply living apart with no separation agreement gives you no rights
- Legal separation gives the couple time to reconcile or decide what is truly the best option
Be Sure to Also Consider These Issues
While a legal separation may be the right answer for some couples, there are reasons to seek a divorce right away rather than wait. A settlement agreement for a legal separation usually takes the same amount of time as one for a divorce. If you want a test separation from your spouse to see whether divorce may be the answer, legal separation may or may not be the answer depending on the individual facts and circumstances of your situation. The cost for a two-month separation is the same as for a one-year separation. We are ready to advise you about all of your legal options and help you decide whether separation might best serve your immediate interests.
Contact The Trotto Law Firm in Rochester, New York, for more information about legal separation. Our lawyer will help you decide whether it is right for you.
