Separation

Our experienced mediators can outline a separation plan that clearly works for you.

Divorce Mediation of Rochester will help you and your spouse understand the details of legal separation. New York State legally allows a married couple to be separated when they no longer wish to live together, while still staying married. Legal separation outlines the rights and responsibilities for each spouse in situations of child custody and support, spousal support and property division. The primary difference between legal separation and divorce is that in the case of a separation, the couple remains legally married, even though they are no longer together. New York requires either a written agreement between the couple or a court hearing requesting a judgment of separation.

Precursor to Divorce
 

A benefit to a legal separation is that it allows both parties to experience living separately to see how their current problems and overall relationship changes by living apart. This situation can also help an agreement be reached in a later divorce settlement by having much of the legal work out of the way. Furthermore, legal separation for one year in New York is recognized as a “grounds” for divorce, whether done by an agreement or by judgment from the court. This helps the divorce process going forward as the rights and responsibilities of the parties during a separation can be converted into post-divorce obligations.

Legal separation is a contractually-binding, court-honored agreement between a couple that has chosen to live apart while remaining legally married. Legal separation may also provide the couple time to reconcile their marriage, provide parameters for co-parenting, child support and spousal support all while maintaining marriage status. 

Divorce Mediation of Rochester does not provide legal advice but will guide both parties to a mutual and voluntary agreement on this matter.

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