Is it better to get a legal separation before getting a divorce? Or will you benefit more from just going through with a divorce and getting it over with? Here’s what you should know about legal separation, how it compares to divorce in New York, and how to get help navigating the dissolution of your marriage. 

Legal Separation Defined 

Legal separation is the process of separating from your spouse while still maintaining many of the benefits of being married. You’ll no longer live together and may need to abide by specific living arrangements in the separation agreement. These are voluntary, but once the agreement is written, either spouse can be held legally accountable for violating it. 

Requirements for Legal Separation in New York 

To be eligible for separation, you must meet a few requirements set forth by New York State law. If you and your spouse are residents and the grounds for separation originated in New York, you do not need to meet any other requirements. However, if you cannot meet those requirements, you must: 

• Prove that one spouse has been living in the state for two years or more 
• Prove that one spouse has been living in the state for at least one year AND that the marriage occurred in New York, the grounds for separation originated in the state, or you were living in New York when you were married. 

Benefits of Legal Separation 

There are many benefits to legal separation because it essentially allows you to stay married on paper while physically separating. This means that you do not have to change your insurance coverage if you prefer not to or divide property in any certain way. Legal separation is also more affordable than a divorce and takes less time. It’s a good way to test the waters of being separated before fully committing to a divorce. You don’t have to get a legal separation before getting a divorce, but you can if the benefits are a good fit for your family. 

Contact Family & Divorce Lawyer Mary Katherine Brown Today 

If you’re considering getting a legal separation or a divorce, it’s important that you secure adequate legal representation as soon as possible. An attorney can help you understand the pros and cons of legally separating and make a sound decision about the future of your marriage. Call attorney Mary Katherine Brown, Esq. for a consultation today at (718) 878-6886.