Legal Separation in New York Westchester's Foremost Criminal Defense & Family Law Firm

Westchester County Legal Separation Attorney

New York Legal Separation Process

Sometimes divorce is not the right option for married couples. However, those same couples find it difficult, if not impossible, to continue to live under the safe roof. In those instances, a married couple can live separately and still maintain their married status. In New York, individuals in this type of situation can file for legal separation and create a separation agreement.

A separation agreement is essentially a legal contract between spouses which settles the kinds of issues a divorce would cover, including:

  • Separate Living Arrangements
  • The Division of Assets and Debts
  • Alimony
  • Child Custody
  • Child support

The major difference between a divorce and the separation agreement is that the separation agreement avoids the lengthy court process and a court judgment. Importantly, the separation agreement does not end the marriage. After a separation agreement is executed by the parties signing the agreement, the spouses remain married and cannot legally remarry. There are also consequences worth considering before filing taxes as “married but separate.”

Legal Separation and No-Fault Divorce in New York

Under New York law, it is not necessary for you to have a separation agreement to obtain a no-fault or uncontested divorce. However, one year after filing the separation agreement, either spouse may rely upon and use that document to request a no-fault divorce.

The reasons spouses consider legal separation as an alternative to divorce include:

  • Provides spouses with time apart, to consider their options, including divorce.
  • Allows spouses to remain covered under family health plans.
  • Provides a remedy to married couples whose religious beliefs reject divorce.
  • Allows military spouses to remain married in order to qualify for benefits under the Uniformed Services Former Spouse Protection Act.
  • Allows spouses to remain married to qualify for certain Social Security benefits.
  • Allows either spouse to file for a no-fault divorce after a year of separation.

When filing for and seeking a legal separation, you can be assured that the experienced and professional legal separation and divorce attorneys at Riebling & Payton, PLLC will be there to assist you and guide you through the process, while at the same time fighting for your rights and interests.

Contact us today to find out more about divorce or legal separation, and discuss your options and case in detail by calling (914) 712-6878 .

Get to Know Us

Your future is important. Make sure you have an effective legal advocate who can help you gather the facts about your case and assist you in making the best use of your legal options. Our firm has helped many clients to have their charges either reduced or dropped and we are prepared to do whatever it takes to increase your chances at a favorable outcome.

Why Choose Riebling & Payton, PLLC?

When You Hire Our Attorneys, You Get Our Attorneys
  • Award-Winning & Peer Recognized
  • Experience, Insight, and Results over a Combined 5 Decades of Practice
  • Former NYC Narcotics Prosecutor
  • After Hours Appointments with 24/7 Availability
  • Free Initial Consultations
  • Westchester's Foremost Criminal Defense Trial Attorney

Put a Qualified Attorney on Your Side

Free Consultations - (914) 712-6878
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.