What is a legal separation in New York?

A legal separation in New York is a legal process that allows a couple to live apart while remaining legally married. It’s a trial separation but with some key differences.

First, a legal separation is a court-ordered arrangement, while a trial separation is a voluntary agreement between the couple. Second, a legal separation allows the couple to address many of the same issues that would be addressed in a divorce, such as a child custody, child support, alimony, and property division.

So, why would someone choose a legal separation over a divorce? There could be several reasons. For some, it may be a religious or moral objection to divorce. Others may want to maintain certain benefits that come with being legally married, such as health insurance or inheritance rights.

It’s worth noting that in New York, a legal separation does not automatically lead to divorce. The couple must file for divorce separately if they wish to dissolve the marriage. However, after a year of living apart under a legal separation, either spouse can file for a divorce based on “abandonment.”

It’s also important to note that if you are legally separated in New York, you are not allowed to marry someone else. So, if remarriage is a goal, a divorce is the only option.

Suppose you are thinking about legal separation in New York. In that case, it’s important to consult with an experienced attorney who can help guide you through the process and advise you on the best course of action for your unique situation. They can help you understand your rights and obligations and help you negotiate a fair and reasonable legal separation agreement.