Lancaster, NY Legal Separation

In most cases, the process of divorce will be a difficult experience for the couple, their children, and their loved ones. The process is usually emotionally and financially draining, especially because it can drag on for a considerable period of time. Instead of a divorce, couples can choose to go for legal separation

What is Legal Separation?

Simply put, this is a court-ordered arrangement in which a married couple lives apart and lead separate lives. This means that the couple remains married, but the individuals live completely separate lives. There are many reasons why couples choose to separate. These include religious or personal beliefs, the desire to maintain a stable family setup for minor children, and to retain health and retirement benefits.

Filing for a Legal Separation in Lancaster

If a couple that had been legally separated decides to divorce, the contents of the separation agreement will influence the divorce proceedings in a big way. The agreements will usually include issues that are covered in a divorce decree, detailed child custody, visitation schedules as well as child and spousal support. The agreement should also outline the party that will live in the marital residence and how debts, assets, and shared property will be handled during the period of separation.

Couples are usually required to negotiate separation terms, where they can attend mediation or let their attorneys represent them and their interests. If both parties agree to the terms of separation, a court of law will approve it without a hearing. However, if one of the parties contests the proposed agreement, the court will hold a hearing to try and resolve the issues. A couple can then file the necessary paperwork after jointly preparing and agreeing to the separation terms.

Divorce vs. Separation

In the end, choosing between a divorce and legal separation is a matter of personal preference. However, provided there is a mutually agreeable separation agreement, legal separation is simpler, less costly, less stressful on children, and reversible. With divorce mediation, the process will also be private and confidential and take less time.

While divorce is never easy, we can offer the support and guidance you need to make this period more bearable. If you would like to learn more about divorce mediation services available in Lancaster, NY, kindly contact us today.