Legal Question in Family Law in New York

Re: Legal Separation

A legal separation may result either from a formal agreement between the parties, negotiated through counsel, and reduced to writing, or from a court order.

Re: Legal Separation

NY is different from other states regarding legal separations.

You can get a legal separation which does not actually terminate the marriage, but lets people split up. This is usually only used in cases where there are signifigant assets which would be lost in a divorce, or for religious reasons.

In order to separate from a spouse, one only need leave. It is best to have a negotiated separation agreement if the couple has any property, especially a house. One year after the separation agreement is signed, the couple can get divorced. Without the separation agreement, divorce must have grounds, such as abandonment, or adultery.

Re: Legal Separation

A legal seperation may be obtained by agreement or by commencing an action in court.

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Daniel Clement