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DIVORCE AND & FAMILY LAW ATTORNEYS

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Welcome to the Spodek Law Group - a premier, and top rated, divorce law firm.





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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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Here at Spodek Law Group, one of the primary areas of law we focus on is legal separation. When you no longer wish to live with your spouse, but don’t yet want to file for divorce, it’s possible that you could seek a legal separation when living in the Bronx. Once you know more about a legal separation and how it differs from a divorce, you’ll have a better idea of which route you’d like to take.

What is a Legal Separation?

In a legal separation, you’re still legally married to your spouse but are simply living apart from one another. However, many of the key decisions that must be made before a divorce occurs will also need to be made when requesting a legal separation. It’s important to understand that once a legal separation ends, you will still be married to your spouse and cannot remarry during the separation. When you’re legally separating from your spouse, a contract will need to be made and signed by each spouse in order for the separation to be legal. This contract includes an agreement on spousal support, child custody, and visitation rights.

What you should be aware of before starting to work on such a contract is that they can be comprehensive and very detailed. If you attempt to look over the contract by yourself before signing it, you could easily miss something that makes the contract unfair to you, which we want to help you avoid. Contracts for legal separation should generally be fair to both spouses, although extenuating circumstances may dictate that one spouse deserves more within the contract than the other. If one spouse doesn’t comply with the contract, the courts can enforce this contract.

It’s important to note that a refusal to comply with the contract might be considered by the judge in any future divorce case with your current spouse. The highly detailed contract will typically be taken care of by your attorney. If you select us to represent your case, we will fill out all of the paperwork so that you don’t have to. We will also strive to make sure that the contract is as beneficial to you as possible. Once all of the details of the contract have been agreed upon by both parties and the contract is signed, the final document will be filed at the Clerk of whichever county each spouse lives.

This finalized agreement typically lasts for a duration of one year. At the conclusion of this year, it’s possible to file for a no-fault divorce or get back together if you and your spouse no longer want to live apart from one another. Divorce can be filed by either spouse. The contract you sign is legally binding, so if you attempt to go against certain aspects of the contract, such as child custody, it’s possible for your spouse to file charges against you. You can find additional information about legal separation and the differences between it and divorce at Findlaw.com.

While separation agreements and contracts are considered by a judge to be valid in New York, there are a selection of issues that could cause a judge to no longer enforce this agreement. For instance, it’s generally believe that each spouse should have their own attorney to deal with the contract and the details within. If only one spouse has retained an attorney, the judge might consider the contract to be unfair. There are also times when the agreement was signed under duress or coercion by one spouse on another. If this is found to be the case, the agreement is not valid.

The same holds true if it’s found that one spouse didn’t report all of their assets properly. The judge will also determine if the contract is unfair to one spouse, which typically means that one spouse is left with practically nothing in the agreement. If such a determination is made, the contract will not be valid. NYCbar.org has more information about the challenges that can be made against a separation agreement, which you should peruse if you’re considering challenging the contract you’ve previously made.

How We Can Help You Get a Legal Separation

At Spodek Law Group, we have a lot of experience with legal separation cases. As well-trained and highly motivated lawyers, we always act in the best interests of our clients and will do what we can to obtain the most favorable possible conclusion to your case. When you first retain our services, we’ll take care of everything, from the paperwork that needs to be filled out and filed to negotiating a legal separation contract before you sign it. We’ll help you identify whether or not the agreement is fair to you and will help you make the final decision on if you should sign it. If you’re currently seeking a legal separation and require assistance in the matter, call us now to schedule for free consultation.

A married couple living in New York can obtain a legal separation. This is often the choice of couples who no longer want to reside in the same home but are uncertain about getting a divorce. Legal separation is often a time for couples to work on resolving issues and reunite or decide it’s time for them to file for divorce.

Residency Requirements
If only one spouse is a resident of New York at the time of the filing of the legal separation, they must have been a resident of New York for two years. This requirement could be decreased to a single year if the spouses were married in New York. There are no residency time requirements if both of the spouses resided in New York when their legal separation was filed, and the grounds for the separation occurred in New York.

Separation Agreement
In New York, it is common for a separation agreement to be prepared by an experienced attorney. This is a legal agreement a married couple will enter into together. The agreement will identify the amount of spousal support, who will pay it, child custody as well as visitation rights, distribution of marital assets as well as debt and more. Once a separation agreement is completed and signed by both spouses, it needs to be filed with the Clerk of Courts in the New York county where one or both of the spouses reside. Should a spouse not comply with a separation agreement, they could be forced to comply by a court. It is possible for the separation agreement to be part of a divorce judgment.

Challenge Agreement
It some situations, a spouse will challenge the separation agreement once it’s in place. It is possible for a spouse to challenge the separation agreement if the couple had the same attorney. A court will view this as a possible sign of unfairness. A spouse may challenge it for fraud. They could have discovered the other spouse had undisclosed assets and more. It’s possible a spouse may challenge the agreement because they feel they were coerced or under duress at the time they signed it. A spouse may challenge a separation agreement because they believe it is unfair or inequitable and more.

Grounds
There are a number of grounds a couple can use to obtain a legal separation in New York. This includes neglect, adultery, cruel and inhuman treatment, abandonment and more. A couple may obtain a Judgment of Separation from the New York Supreme court. Either spouse, after a year from filing for the Court’s Judgment of Separation, can file for a no-fault divorce. This will be based on the couple living separately for a year. A divorce won’t be automatic and will require court action.

Religious Reasons
There are couples who prefer a to have a legal separation and not get a divorce because they want to remain in good standing with their religion. Some religions view divorced people in bad ways. Other religions do not permit couples who follow their faith to divorce. A legal separation in most cases will meet the needs of couples in such a situation. It will enable them to live separately and avoid the stigma a divorce would place on them.

Benefits
Many couples believe they benefit from maintaining their married status when they are legally separated. In many situations, there could be coverage for health insurance that may end if a couple were to divorce. A married couple is only able to receive benefits according to the Uniformed Services Former Spouse Protection Act if they have been married a minimum of ten years. This standard may also apply to Social Security benefits in some circumstances. There are other situations where a legal separation can help both spouses maintain benefits associated with being married.

Voiding Agreement
Should a couple reconcile and begin to live together again, the separation agreement may become invalid. It is possible for a separation agreement to stipulate the agreement is not void if the couple begins to once again reside together. There may be a requirement in a second agreement between the couple requiring them to officially make the initial agreement void. Any type of second agreement needs the signatures of both spouses in front of a notary. The second agreement must also be in proper legal form.

A legal separation agreement can serve many different purposes with a couple. It could give them time to reconsider their situation. It could also maintain various married benefit and more. It would be best to speak about this with an experienced attorney. They will be able to draft the best possible separation agreement based on a couple’s situation.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

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