Legal Question in Family Law in New York

Legal Separation Question

My husband and I are considering legal separation, however at this time we still want to live in the same house. Is this possible?


Asked on 7/26/06, 11:15 pm

2 Answers from Attorneys

W. ADAM MANDELBAUM W. ADAM MANDELBAUM

Re: Legal Separation Question

Yes. Agreement should be quite specific about this, how, why, etc. You'll need experienced counsel to do this for you. For more on NY law and legal forms go to http://justiceneversleeps.net

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Answered on 7/27/06, 12:30 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Legal Separation Question

While, legally, this is possible, I urge you to consider the difficulties of living with someone during this period of emotional upheaval.

While it is not necessary to be separated before filing for a divorce, the best way to establish a 'legal separation' ursuant to a divorce is with a written agreement.

In most cases, the agreement will be the basis terms of your divorce. What is written will be what the judge 'declares/orders'. It is best to draft such an agreement with the benefit of a lawyer.

You are welcome to a consultation for no fee. Email is best to amke an appointment.

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Answered on 7/27/06, 1:35 pm


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