Many individuals are under the impression that when a marriage has become
irretrievably broken, the two parties will go through divorce. While this
is the most common option for dissolution, there are some alternatives
that you may want to consider, especially if you are still considerably
amicable with one another. One of the alternative options is to not dissolve
the marriage at all. In this case, the two parties may decide to go through
a legal separation. It is important to understand the differences between
the two options and how you can benefit from each.
When the two parties decide to no longer live together, they may want to
consider a legal separation. This is a legal agreement that still consider
the many aspects of a divorce — property division, alimony, maintenance,
child custody, child support, visitation, etc. — but it allows some
of the factors of the marriage to remain the same. For instance, if one
of the spouses stayed at home during the marriage and relied on the other
spouse’s health benefits, they would still be able to remain on
the healthcare policy. It can also help with taxes of both parents. Religious
prohibitions may also prevent some couples from divorcing.
Separation can still be a complex matter and it is beneficial to have legal
counsel during the process. This makes sure that, even though you are
amicable with your spouse, you are not taken advantage of by the other
party’s legal counsel. Putting an attorney on your side ensures
that everything that needs to be addressed in the agreement is taken care
of and put together carefully. For many, the legal separation is beneficial,
and the separated spouses may even decide to get back together instead
Legal separation often serves as a precursor to divorce. The couples typically
live apart from each other for at least year. After the year, it can be
considered grounds for divorce. With divorce, though, the two parties
will go through the process and it may be difficult to deal with some
of the contentious issues involved. You and your spouse may present your
cases to the judge. This means determining who will have custody of the
children — if applicable — who gets alimony or maintenance
and how much, child support, who pays the marital debts, and what property
goes to which spouse.
Based on a number of factors, the judge will take into consideration both
cases and make a decision regarding the divorce. They will determine child
custody based on the best interests of the children, and support payments
based on the financial status of both parties, as well as the duration
of the marriage and the way of life prior to the divorce. Having legal
counsel during this time can prove beneficial as you can understand the
process, know what to expect, and also have someone looking out for your
New York Divorce Attorney
A divorce can be complicated, especially when you consider all the factors
involved and the potential for some situations to become contentious.
At Eiges & Orgel, PLLC, our team of
New York divorce lawyers can help you navigate this difficult time in your life. There is so much
to consider and you don’t want to go into this unprepared, especially
with so much at stake. Allow us to represent you in your divorce or legal
separation, making sure your goals are our top priority.
Call our firm today. We focus on your needs, as well as the needs of your family.