Buffalo, NY Legal Separation

When you and your spouse decide it's time to live apart from one another, there are many things to consider. Simply splitting up and establishing separate residences does not constitute as a legal separation in New York - that's why you should seek to have a legal separation drafted and filed with the courts in Buffalo, NY as soon as possible.

Buffalo, NY Legal Separation and Separation Agreement

What's Included in a Separation Agreement?

A separation agreement usually includes details regarding child and spousal support, possession of the marital home, and division of marital assets. It may also outline expectations around health insurance coverage, distribution of debts, and even custody of family pets.

While it's possible to seek a Judgement of Separation from N.Y. Supreme Court, the courts encourage couples to negotiate the terms of their legal separation through a mediation service, in order to minimize costs and court involvement.

How Long Does A Legal Separation Last?

Under New York state law, there is no maximum amount of time that you and your spouse can be legally separated. Married couples are not compelled by law to pursue a divorce once they've entered into a legal separation agreement - they can decide to remain legally married while they take all the time they need to decide if getting a divorce is right for them.

Remaining married provides couples the opportunity to reconcile while living apart; it also avoids the social and religious issues that may accompany divorce by maintaining the legal status of being married.

Laying The Groundwork For Divorce

It is important to note that if you intend to use your legal separation as the basis for a divorce application in Buffalo, New York, you will need to have a separation agreement in place for at least one year.

Once a legally-binding separation has been negotiated, signed, and filed with the court, either party can begin divorce action. The terms outlined in the initial separation agreement will then be used by the courts to make a judgment of divorce - this is why it's so important to make sure all the agreements made in this legally-binding contract are carefully considered by both parties.

For More Information About Your Local Buffalo Legal Separation Team

To learn more about negotiating a separation agreement in Buffalo, NY, contact us here at Divorce Mediation Services of Buffalo.

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Divorce Mediation Services of Buffalo LLC. Is not a law firm and does not provide legal advice or counsel. Each party has been encouraged to be fully advised by their respective counsel regarding the legal, financial, and practical effect of any agreement entered into.