Last Updated on: 23rd June 2025, 12:03 am

Brooklyn Legal Separation Lawyers: Complete Guide to Legal Separation in New York

Understanding Legal Separation in Brooklyn

You might have heard of other couples getting separated, and now that you and your spouse have decided that you want to end your marriage, you could be wondering what steps you should take. Legal separation is an option that every married couple is entitled to in the state of New York. Working with a team of Brooklyn legal separation lawyers from Spodek Law Group can help you get started with the dissolution of your marriage.

Legal separation is when you stop living with your spouse and you have a legal separation agreement, or contract, that you both follow. The process allows coupled individuals to remain legally married, but yet considered legally separated under the eyes of the law.

What is a Legal Separation?

Put simply, if you and your spouse get a legal separation, you will be considered to be “taking a break.” It is important to understand that a legal separation is not the same thing as a divorce. If you choose to go through with your divorce, then you will be able to remarry, for example. This is not something that you can do while you’re legally separated.

Instead, you will still be considered to be husband and wife. However, legally, it will be recognized that the two of you are not currently living with one another as a married couple. During your separation, you will keep separate households. Today, the preferred path to being legally separated is to enter into what’s known as a Separation Agreement (also called a Property Settlement Agreement).

Using Legal Separation as a Path to Divorce

A lot of couples who have divorce in mind use a legal separation as a stepping stone toward getting divorced. Some couples who get legally separated do not actually get divorced, though. In some cases, couples are able to work out their problems while they are legally separated; then, in the future, they move back in and resume living as a married couple.

Typically these spouses agree to specified terms that are unique to their situation, such as child or spousal support. Attorneys from Spodek Law Group can help to draft the agreements in order to protect and also satisfy all parties involved, especially in regard to minor agreements within the agreement such as living arrangements, specific time arrangements for child custody or visitation, and distribution of property or assets.

Should My Spouse and I Get Legally Separated?

If you and your spouse have been talking about getting a divorce, it’s a good idea to become legally separated. If the two of you are still at least somewhat interested in working out your issues, a legal separation might help. While you are separated, you can take some time apart to think about things and determine if you want to continue your marriage. Some couples opt for marriage counseling while they are legally separated to help them make this determination.

Even if you aren’t interested in getting back together, getting separated can help you get the wheels turning in the right direction for your divorce. After you have been separated for a certain period of time, such as one year, you can then move forward in filing for a divorce. Although New York law now provides for a no-fault divorce, if you or your spouse can establish that you have lived separate and apart under a written separation agreement and have complied with the provisions of that separation agreement for more than a year, then you may obtain a judgment of divorce on that basis alone.

Financial and Personal Benefits of Legal Separation

Some couples even choose to stay legally separated in the long-term. For example, you and your spouse might not be interested in getting back together, but you may want to enjoy some of the financial benefits of being married, such as being able to file your taxes as a married couple or being able to benefit from one another’s employee benefits.

Living apart, without a formal written agreement of separation or a court judgment of separation, is not recognized as a ground for a New York State divorce, no matter how long you continue to live separately. Having an attorney from Spodek Law Group who is looking out for your best interests is most important from a court’s standpoint when considering the validity of the specified separation agreement.

Can I File a Legal Separation on My Own?

You could be wondering if it’s actually necessary to hire Brooklyn legal separation lawyers from Spodek Law Group to help you with your separation. It is possible for you and your spouse to go through the steps of filing for a legal separation without seeking legal representation to help you, but this isn’t usually the best idea.

Why Should I Hire a Lawyer to Help with My Legal Separation Filing?

It is generally best to hire Brooklyn legal separation lawyers from Spodek Law Group to help you when you’re filing for a legal separation. Then, you can make sure that all of your paperwork is done properly so that you won’t have problems during the filing process or later on.

In the state of New York, any spouse can request legal separation on the basis of adultery, neglect, cruel treatment or abandonment by the other partner. In the case of spousal support, wives can request a legal separation if their spouse has not been fully supporting them. New York, unlike many others, does not grant a divorce automatically with just one year of legal separation.

How Can I Begin Preparing for My Divorce When Filing for a Separation?

For many couples, filing for a legal separation is the first step toward getting a divorce. This means that the steps that you take now will have a big impact on how the rest of the divorce process goes.

Going ahead and choosing a good lawyer from Spodek Law Group to help with your separation helps you get one step out of the way. For one thing, your lawyer can help you make sure that your legal separation is filed properly so that there are no problems later. The same attorney from our firm who helps you with filing your legal separation can also help you with other steps of getting your divorce, so it’s important to choose wisely when you’re looking for a lawyer.

The right team of Brooklyn legal separation lawyers from Spodek Law Group can make a big difference during this difficult time in your life. Hire the right attorney from our firm now, and you can help make sure that everything goes smoothly throughout the rest of the divorce process. This might not make getting divorced easy, but it can help make it easier and less stressful.

Getting Started With Your Legal Separation Process

To even begin the legal separation process, all involved must completely agree on all the terms and obligations before the agreement is signed, filed and notarized. In pursuing a separation agreement, however, you and your spouse have control over the timetable needed to complete your negotiations. Once this document is agreed upon by all parties, both will sign it and it will then need to be notarized by a notary public.

The separation agreement itself can be very useful if you do end up divorcing your spouse. This is because the family court judge might let you use your legal separation agreement as a basis for the terms of the divorce. (You need to have been married for at least 10 years to get your spouse’s social security.)

Divorce After Legal Separation

Sometimes the separation agreement can be considered to “survive” the divorce judgment, which means that the agreement can stay completely valid and can also be enforced by the court on its own. Roughly half of divorces in New York involve children who are minors. New York has an option of a “no fault divorce” which simply means that more than six months has occurred since the breakdown of their marriage and reconciliation is not possible.

Most of the time, divorces will be granted after one year of legal separation has occurred which includes living apart and using the separation agreement. For legal advice, contact a brooklyn legal separation agreement attorney from Spodek Law Group who has years of experience in the area of legal separations.

Reconciliation After Legal Separation

In the event of reconciliation, there are two different routes that couples can take. The separation agreement can then be considered to be void and invalid, or there can be a provision inside of the agreement that allows reconciliation to occur and maintain the agreement in its entirety. And with a legal separation, both spouses are able to get back together with one another at any moment that they see fit.

The agreement can then be voided by a second agreement that states that the first agreement is invalid, at which time a notary public will be present and will sign the new form. Some judges can permit or require the agreement be specifically included within the divorce judgment and certain legal language most definitely be written inside as well, but some judges do not agree with that standpoint.

Challenging a Legal Separation Agreement

To challenge the separation agreement, each spouse needs a different attorney from Spodek Law Group to look out for their best interests. Without having attorneys, courts could decide that it is unenforceable and unfair to one spouse or the other. Disclosing each and every asset that you have is so very important to the fraud aspect of the separation agreement; the court expects complete honesty with regard to assets and money especially.

Using any form of pressure to get the other spouse to sign the document is not acceptable in any manner and can be grounds for the court to not enforce the document at all. Every marriage and potential separation or divorce is completely different and unique in its own right, so acquiring an attorney from Spodek Law Group to represent your beliefs and needs is most definitely vital to get your future lifestyle up to the standard that you feel like it needs to be.

Important Considerations in Legal Separation

However, once the separation agreement is agreed upon by both parties, it can be very difficult to change any of the terms included inside the legal document. In the cases of child support, the court typically cannot easily modify or change those portions of the separation agreement. This is just easier for the court, since all things were previously decided upon, the court can decide to keep the provisions the same in order to simplify the process.

Making sure that your best interests are the first priority is highly vital to any legal process, which is why it is best to have an attorney from Spodek Law Group to stand up for your rights. Here at Spodek Law Group, we will give your individual case the unique and undivided attention it needs. Contact us online or by phone at your convenience, and we will try our best to make any legal experience a good one.

What Is Legal Separation?

When a married couple decides that they no longer want to be together, they can file a legal separation agreement. This agreement is usually made with the assistance of an attorney from Spodek Law Group and filed with the court system. If you live separately and apart for more than one year after filing your Separation Agreement, or after a court orders your legal separation, then either spouse who has fully complied with the terms of the Separation Agreement can ask the court for a divorce.

When one year has passed from the time the separation agreement was filed, the couple can file for a divorce. The separation agreement doesn’t mean that the couple is divorced. It simply means that the couple is no longer together in a marital sense. If the couple decides to get back together, then the separation agreement usually becomes null and void, which would mean that the couple would need to refile the document if they decide to separate again in the future in order to get a divorce.

Key Elements of Legal Separation

When the legal separation time frame is over, the couple is still legally married and can’t marry another person. This is one of the differences between a separation and a divorce. It allows for putting the marriage back together easier than filing for a divorce and dissolving the marriage, which would mean getting a new marriage certificate in the future if the couple wants to stay together or get back together.

Couples in Brooklyn can enter into a separation agreement that details more than just when the couple decided to end the relationship. It can also provide details about child support, visitation and where each person will reside. If one person in the agreement doesn’t abide by the decisions that are made, then the court can enforce the decisions.

Legal Requirements and Defenses

However, if the couple decides to try to work on the marriage at some point, then the decisions set forth in the separation agreement are no longer upheld unless the couple enters into another separation period in the future. The separation agreement means that the couple no longer lives in the same home. Most separation agreements are mutual even if one person wants the separation more than the other. Each person can date other people, but no marriage can take place until the divorce is finalized.

If one party of the marriage is forced into the agreement, then it might not be upheld by the court. However, if both parties do agree to the agreement and don’t follow through with the decisions that are made, then the agreement could be found void by the court system. There are a few reasons as to why one person might want to file for a separation from the other, such as adultery, neglect, or cruel and unusual treatment at any time during the marriage.

Seeking Legal Representation from Our Attorneys

It’s important to find an attorney from Spodek Law Group who specializes in family law. If you don’t file a legal separation, then it will be hard for the court to determine when you separated and how to divide possessions. It can also be difficult to stand behind any custody agreement or child support amount if the separation is not legally filed.

The separation agreement makes it easier for the couple to obtain a divorce in the state. An attorney from our firm can offer advice on how to divide property and how to deal with child support and visitation. Sometimes, issues that involve children in the relationship are legally settled when the separation agreement is entered so that everything is completed at one time.

With a legal separation, you live apart and lead independent lives while remaining married to each other. A divorce legally dissolves your marriage. If you do not have a legal separation agreement, then you have to choose a divorce process, divide your marital assets and debts, and make decisions about alimony, child support, and child custody.

Our Spodek Law Group attorneys are here to guide you through every step of the legal separation process, ensuring your rights are protected and your interests are represented. Whether you’re considering legal separation as a path to divorce or as a way to maintain certain benefits while living apart, we can help you make the best decision for your unique situation.