Are You Seeking A Legal Separation?

Many people are not yet ready to take the final step and file for divorce, but are choosing to legally separate while they attempt to work out their differences. Some may have religious convictions that will not allow divorce.

If you are seeking a legal separation, our legal team at The Law Office of Castrovinci & Mady can help you put an agreement in place. These agreements frequently will serve as a blueprint for a future divorce and will outline the rights and responsibilities of each party during the period of separation.

Protect Your Interests Through A Separation Agreement

The issues to be addressed include support, payment of bills and how any children will spend time with each parent. One party may continue to live in the family home while the other moves to a new residence.

The process of negotiating the terms in a legal separation can vary in complexity, based upon the individual situations of the parties involved. The first step is to discuss your case with our Suffolk County divorce lawyer so that we can make a determination and advise you of what to expect, and how state law could impact the court's willingness to make the separation agreement legal.

Do You Qualify?

In order to qualify for a legal separation in New York, there are specific residency requirements. You must have lived in the state continuously for at least one year prior to the legal separation. If you live apart from your spouse you may be physically separated, but under the eyes of the State of New York, you are not legally separated.

You will still be held responsible for debts incurred by your spouse unless you get a court-approved legal separation, which can be of great importance in many cases in which financial issues must be resolved.

In some rare cases, a Judgment of Separation can be granted by the Supreme Court, when one party sues the other for separation. As this is an expensive process, most couples choose to file for divorce rather than sue for a separation. If you have been legally separated for at least a year, this is grounds for divorce and can make the process faster to resolve, based upon the facts in your specific case.

Get An Attorney's Help

A legal separation agreement must be carefully crafted, and the legal language is of extreme importance, as any error could lead to serious problems in the future. At our firm, we are highly skilled in drafting separation agreements. We can assist you to put a legal separation in place, with all of the critical matters resolved.

At our firm, we are highly experienced in all matters surrounding a legal separation and we can help you immediately if you are considering this option. Get a law firm that has over 40 years of shared experienced working with you. Call us today.