Long Island Legal Separation Lawyers

Reliable guidance in obtaining a separation in New York

Spouses may be estranged from each other yet still wish to remain married. Some may see a stigma in divorce, either for religious or social reasons, or may want to spare their children from the sometimes traumatic emotional effects. Others may see a chance of future reconciliation. Sometimes there are practical reasons, such as to preserve health insurance or to continue with a joint business enterprise. Whatever the reason for avoiding divorce, New York law offers an alternative. A legal separation allows you to live apart while maintaining enforceable rights and benefits concerning property and parenting. A Long Island legal separation lawyer at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP can explain the pros and cons and, if you decide to move forward, provide the skilled representation you need for successful completion.

Legal separation in New York versus a divorce

Legal separation does not dissolve a marriage. For all intents and purposes, the spouses remain a married couple with all appurtenant rights. As such, legally separated spouses are not permitted to remarry. Another difference from divorce is that legal separation is revocable. The couple can jointly decide to resume living together and to have the separation judgment revoked. After one year of living apart under a separation agreement, a couple can obtain a no-fault divorce.

New York residency requirements for legal separation

There is no residency requirement if both spouses live in New York and the reason for the separation arose in New York. Otherwise, at least one spouse must have been living in New York continuously for at least two years before filing (or one year if the marriage occurred in New York) and

• The couple was married in New York, or
• The couple lived in New York while married, or
• The reason for the separation arose in New York

Spouses who separate by agreement do not have to allege grounds for the separation. However, if you seek a judgment of separation (which is a court ordered separation), you have to allege grounds other than irretrievable breakdown (which is the no fault divorce law). 

The process for a legal separation of Long Island couples

A couple can obtain a legal separation by filing a separation agreement with their county court or seek same by court order known as judgment of separation. The most vital aspect of the process is negotiation of the agreement. For your agreement to be valid and enforceable, it must appear on its face to be entirely voluntary and the result of negotiation by two parties of equal standing. Both spouses should have separate attorneys, so it does not look like one spouse is coercing or manipulating the other. There must be full disclosure, so there is no appearance of fraud. Finally, the product of the negotiations must appear fair and equitable. Otherwise, a court can find the agreement was unconscionable when formed and is therefore unenforceable. 

What’s included in a valid separation agreement in New York?

The agreement must address the same major issues the spouses would face in a divorce: maintenance, child custody, child support and division of property and must contain the terms on which they’ve settled each issue. 

A couple can obtain a legal separation even if they disagree on certain issues. However, they will have to litigate those issues before the court, as in a contested divorce or contested separation action. The court may address certain property rights and financial issues if explicitly raised. Litigation lengthens the process and adds enormous expense.

A Long Island uncontested divorce lawyer can assist with negotiating marital settlements on thorny matters, such as property division and child custody issues. 

Contact an experienced Long Island attorney for legal separation

Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, NY represents spouses in legal separations on Long Island. Call 631-360-0400 or contact us online to schedule a consultation.