Separation

 

Our experienced mediators can outline your separation clearly that works for you.

 Divorce Mediation Services of Buffalo will help you understand the details of legal separation with you and your spouse. In New York, a legal separation is available to a married couple that no longer wishes to live together. In contrast to simply living apart, legal separation formally sets out the rights and responsibilities for each spouse in matters such as child custody and support, spousal support and property division. The main difference between legal separation and divorce is that a a legal separation does not actually dissolve the marriage relationship and the parties remain legally married. In New York, a legal separation can be accomplished either through a written agreement by the parties or by going to court and requesting a judgment of separation.

Precursor to Divorce

One benefit to legal separation is that it gives the parties an opportunity to see how their current problems and overall relationship is affected by living apart. In addition, much of the legal work involved in coming to an agreement in separation can be used to reach a later divorce settlement. Further, in New York, legal separation lasting for at least one year -- whether done upon agreement or by judgment from the court -- is a recognized basis or "grounds" for divorce. This allows the court to expedite the divorce process; in many cases, the rights and responsibilities of the parties during separation can be "converted" into post-divorce obligations.

Legal separation is a contractually defined and court-honored agreement between a couple that has chosen to live apart but opted to remain legally married. Legal separation allows for reconciling the marriage, provides parameters for co-parenting, child support, and spousal support, while maintaining the status of being married.

Divorce Mediation Services of Buffalo does not provide legal advice but will guide both parties to a mutual and voluntary agreement on this matter.

 

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