Legal Separations
Legal separation is a formal process in New York where a married couple can live apart while still remaining legally married. This arrangement allows couples to address and resolve issues such as child custody, property division, and spousal support without ending the marriage.
Why choose Legal Separation?
Legal separation is ideal for couples who want to live apart, but still maintain their marital status for a variety of reasons.
Financial Considerations: Staying married can offer financial benefits, such as shared health insurance or tax advantages, that a divorce would eliminate.
Religious Beliefs: Some couples may choose legal separation due to religious beliefs that discourage or prohibit divorce.
Setting Clear Boundaries: Legal separation can provide the time and space needed for a couple to work through their differences and possibly reconcile. It establishes clear boundaries and responsibilities for each spouse while they live apart.
Legal Separation vs. Uncontested Divorce --- what’s the difference?
Legal Separation and Uncontested Divorce serve different purposes and provide distinct benefits. Simply put, a legal separation is ideal for couples who want to live apart but maintain their marital status for personal, financial, or religious reasons.
An uncontested divorce, on the other hand, is suitable for couples who are ready to end their marriage amicably and move forward independently. Understanding the differences between the two can help couples make informed decisions that best suit their circumstances and future goals.
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While a legal separation allows couples to live apart, they remain legally married. In contrast, an uncontested divorce legally ends the marriage, allowing both parties to remarry if they choose.
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Both processes involve legal agreements on child custody, support, and property division. However, the terms of a legal separation can be temporary and potentially modified if the couple decides to reconcile. The terms of an uncontested divorce are final and legally binding, representing the conclusion of the marital relationship.
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Legal separation can be a quicker process compared to divorce since it does not require court intervention to formally end the marriage. An uncontested divorce, while typically faster than a contested one, still involves the court's final decree to dissolve the marriage.
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One of the main benefits of legal separation is the possibility of reconciliation. Since the marriage is still intact, couples can resume their marital relationship without any legal proceedings. In contrast, an uncontested divorce requires a legal remarriage process if the couple decides to reunite.
Ready to Begin? Schedule a consultation.
Click here or below to schedule a document preparation consultation, and in the notes section, indicate that you are looking for a Separation Agreement.
Following the initial consultation, and upon receipt and review of your documentation, Small Town Notary will begin preparing your separation agreement.
Small Town Notary Fees for Separation Agreements
No Children AND No Property: $300.00
With Children OR With Property: $400.00
Fee for County Clerk Filing and Postage
$35.00
What to Expect Start to Finish
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Following your initial consultation, you will receive a welcome email, summarizing the details and fees. Included will be a link to the client intake form.
Upon receipt and review of the client intake form (and any additional forms/information, if applicable), we will begin drafting the agreement.
It should be noted that if any family court orders such as child custody and child support exist, copies of those should be provided, as those orders can be incorporated into the separation agreement.
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Once the agreement has been drafted, a copy will be sent to both you and your spouse for review. At that time, you can indicate if anything should be changed or if the agreement is approved by both parties.
Once the agreement has been approved and is ready to file, a meeting will be scheduled with both parties to sign and have the documents notarized.
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A copy of the final agreement will then be mailed to the County Clerk’s office. You and your spouse will also receive copies for your records.
The total process from start to finish can range anywhere from 2 - 3 weeks for simple separations, or 4 - 6 weeks for more complex agreements. Every situation is unique, and will depend on what level agreement exists on the core issues at hand between both parties.
Still have questions?
We’d be happy to answer them.