There are a number of reasons why a separated couple may elect to formalize a legal separation rather than a divorce. For some couples, deeply held religious beliefs may make divorce out of the question, at least in the short run. However, a separated spouse soon realizes the need for legal protection from liability for the other spouse’s borrowing or investments, for example. When there are minor children, a custody order is necessary, whether parents obtain a legal separation or a divorce.Divorce Lawyer & Family Law Attorney – Poughkeepsie
Contact me, Jonathan D. Katz, to schedule a consultation regarding any divorce or family law issue including legal separation.Family Law Firm Kingston – Goshen – Hudson Valley
In some cases, legal separation is a calculated path toward divorce a year later. That often occurs because New York, unlike other “no-fault” states, requires that there be grounds for a divorce. “Constructive abandonment,” or separation for a year or more, is a valid ground for divorce. Legal separation followed by a divorce is New York’s closest thing to a no-fault divorce. Some couples find this gradual move toward divorce to be civilized, orderly and advantageous. A separated spouse often expresses appreciation for the peace of mind that legal separation allows.
On the other hand, legal separation may result in a double financial burden in terms of legal fees if one or the other spouse decides a year later to insist on different terms to the divorce. The whole process may have to start over from scratch in such an instance. A legal separation is not a guarantee that a final divorce will be faster, cheaper or more streamlined.Contact Experienced Divorce Attorney, Jonathan Katz