When a marriage begins to fall apart, many couples are advised to not instantly file for divorce, but instead to become legally separated. This process gives the couple time apart where they can reflect on their relationship and determine whether it is time to make amends or call it quits.
A legal separation, unlike a traditional divorce, does not put an end to a couple’s marriage. They remain legally married while they live in separate homes. While living apart, the couple will have a court order that states the rights and the responsibilities of each spouse.
Our law firm has more than 50 years of combined experience with assisting families throughout this troubling time. We specialize in all areas of separation and divorce, including child custody matters and alimony. We can help ensure that your legal rights are not neglected as you and your spouse go through the process of a legal separation in Nassau County.
What Specifics are Covered in a Legal Separation?
Getting into the specifics of a legal separation can be an overwhelming experience. Our team of divorce experts is here to help you make sense of all the legal jargon so that you will end up with the best results for your own personal future, and the future of your family.
There are several issues covered in a legal separation agreement. Many are the same that would be covered in the final stages of a divorce. The amount of child support that you will either receive or pay will be discussed if you have children. Our attorneys will also discuss the dividing of any marital assets and the payment of debts, child custody, visitation schedules and spouse support.
Your legal separation agreement can help protect your interests until a final decision is made concerning your marriage. The agreement can also set up a precedence for the potential upcoming divorce. This can be beneficial since most of the details will be the same, making the legal part of the divorce process go smoother.
Legal Separation Details for Nassau County
In the State of New York, there are several options for those who wish to change their status without getting a divorce. With a legal separation, both parties choose to put an end to living together. They may no longer be considered a couple, but by law, they are still legally married.
When you enter into a legal separation, you must agree to a contract that states the obligations of both individuals in terms of spousal support, rights to property, as well as visitation rights and child custody. These terms are legally binding and both parties must agree to them. Failure to do so could result in legal recourse.
Marriage is a legal commitment that is binding, and that means anything that interferes with that agreement is a legal issue. Simply deciding that one person needs to move out of the family home just isn’t enough, especially if there are children involved.
How are you going to decide who gets the items that you both owned at one point such as the car or other expensive items inside the home? Can you decide about visitation rights for your children and manage to stick to it at all times? Without the legal aid of a professional attorney, you would be headed for many years of disagreements, confusion, and anger. Our team can assist with all types of marriage issues including Father’s Rights, Uncontested Divorce, and Same-Sex Divorce cases.
Why Choose Our Law Group for your Legal Separation?
We are the premiere, top-rated divorce law firm in NYC who can help take control of life’s stressful situations. Our team understands that this is a difficult time for everyone involved and we want to make the process go as smoothly, and quickly, and possible while still ensuring that your rights are protected.
We want to help you move forward with your life by helping with all different areas of divorce such as divorce mediation. With this process, our lawyers can negotiate terms and settle the case outside of the courtroom which can reduce the amount of conflict and drama you must go through, and allow you to reach a fair settlement with your spouse.
Get in Touch with Our Legal Team to Help You Come to Terms with Your Separation
It takes the knowledge of an attorney to create a contact in a manner that will satisfy both parties. The contract that our legal team writes up for you could include everything from your living arrangements to child visitations and the distribution of property.
Once all terms are agreed upon, the separation contract is filed with the New York County Clerk. After a full year of separation has passed, the case will be up for review, giving both parties the chance to reconcile or go forward with a divorce.
Life rarely happens in a way that is convenient for your plans. When you’re in the middle of a divorce, you may find that you’re dealing with several issues that make the process much more difficult. One issue that’s common during divorce proceedings is pregnancy. Some women choose to initiate proceedings while they are pregnant for a number of reasons. Others find out that they are pregnant after they have left their husbands, perhaps even before they’ve started the formal paperwork. In this case, it’s common for women to wonder if they have any legal obligation to tell the former spouse about the pregnancy.
While many online pundits might tell you differently, there is currently no state that has a law that requires a woman to tell anyone that he or she is pregnant. While this is certainly something that can become apparent over time, the law is certainly on your side here. Things can certainly change once the child is born, of course, but you aren’t required by law to pick up the phone and tell your current spouse that you are having a child. This does not, however, mean that it’s necessarily the wisest legal move to make to keep the pregnancy hidden from your former spouse.
One of the most common reasons why people assume that women must disclose a pregnancy to their partner is that some states will not grant a divorce until the child is born. This does not mean that legal separations cannot happen during pregnancy or that individuals are forced to stay together, but rather that the state will require the parties to wait for finalization until the child has been born until some kind of custody arrangement has been made.
If you live in a state that allows for divorce while pregnant, the timing of your delivery will have ramifications on both your future and the future of your child. If your due date is before the date of the divorce’s finalization, the law will assume that your spouse is the father and thus he will have certain legal rights. If the due date is after the divorce, your spouse will have to establish paternity. This can have a huge impact on issues ranging from parental rights to your ability to get child support from your spouse in the future, so you’ll want to consider your choices carefully here.
While you may not have to tell your soon-to-be former spouse that you are pregnant, this does not mean that he cannot attempt to establish paternity later. While there is no real penalty for failing to disclose the pregnancy, you can expect significant issues to crop up surrounding custody once paternity is established. It’s often much easier to establish custody and visitation agreements before the divorce is finalized, especially if you want to minimize contact with your current spouse after the fact. This may feel like you are being forced into disclosure, but doing so on your terms may be better than doing so after the pregnancy is discovered.
Unfortunately, your pregnancy will create a potential link with the person you are leaving no matter what the situation. It’s entirely possible for him to try to establish paternity later, and the fact that the timetable of your pregnancy matches up to a time when the two of you were together will make it easier for him to get the courts to compel some kind of paternity testing. You certainly have the right, however, to try and avoid this kind of confrontation as long as possible.
If you have left a relationship and found out you are pregnant, you are not required to disclose your pregnancy. If you are pregnant, though, you should know that you may have a difficult road ahead in terms of getting divorced in a timely manner and dealing with child custody issues. It is vital that you work with an experienced attorney to figure out what to do next, including figuring out whether or not it’s in your best interest to go ahead and disclose the pregnancy. This is a question only you can answer, but the information you receive from your attorney can allow you to weigh your options and determine what’s going to be best for both you and your future child.
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