Queens Separation Agreements Attorney

Supporting Legal Separation Processes in New York

In some situations, couples may not wish to divorce right away or may not be eligible for divorce, but still wish to live separately from their spouse.

Some common reasons a couple may choose legal separation over divorce include:

• Legal separations allow both individuals to live separately and get some space
• It allows time for the couple to completely establish a child custody and support arrangement
• The parties will be able to divide earnings and assets while still remaining legally married in the state of New York.

In order to determine eligibility for a legal separation or to learn more about these agreements, it is important that you contact a Queens divorce attorney from the Law Offices of Donald Mastrodomenico, P.C. A dedicated member of our team can walk you through the legal process and help you understand the benefits of obtaining a separation agreement versus a divorce.

Ready to explore your options? Schedule your free consultation with our Queens separation agreements attorney today! Call us at (718) 268-8111 or reach out online to get started.

What is a Separation Agreement?

A separation agreement is a contract between spouses that outlines the terms of their separation. This document addresses various issues, including:

• Child Custody and Visitation: Determining where the children will live, how visitation will be structured, and how decisions regarding their upbringing will be made.
• Child Support: Establishing the financial support one parent will provide for the children, including amounts and payment schedules.
• Spousal Support (Alimony): Outlining any financial support one spouse may provide to the other, including duration and amount.
• Division of Property: Specifying how marital assets and debts will be divided, including real estate, personal property, and financial accounts.
• Health Insurance: Addressing how health insurance coverage will be maintained for both spouses and children.

Creating a separation agreement can help couples maintain control over their future and reduce potential conflicts during a divorce.

Differentiating Separation Judgments and Agreements

Prior to filing a separation agreement, it is important that you speak with our team. You and your Queens separation attorney will discuss in detail your family arrangements, marital history and your long- and short-term goals to determine the best course of action to take. There are two ways that Queens couples can become legally separated. Based on the goals of your separation, you and your spouse can enter into one of the two separation conditions:

Separation Judgments 
Judgments are granted by the court on the grounds of adultery, imprisonment, inhumane treatment or non-support of your spouse. These are court rulings that can eventually lead to a divorce.

Separation Agreements 
If you and your spouse both agree that it would be best for you to separate, an agreement can be established. In these cases, you can determine child custody, support, and asset division.

Benefits of Choosing Legal Separation Over Divorce

Choosing legal separation over divorce can offer several significant benefits for couples navigating the complexities of their relationship. Here are some key advantages:

• Preservation of Marriage: Legal separation allows couples to maintain their marital status while living apart. This can provide the opportunity for reflection and potential reconciliation without the finality of divorce.
• Financial Considerations: In some cases, legal separation may offer financial benefits, such as remaining on a spouse's health insurance plan or retaining certain tax advantages. This can be particularly important for couples with shared financial responsibilities.
• Child Custody and Support Arrangements: A legal separation enables couples to establish custody and support arrangements for their children. This ensures that both parents' rights and responsibilities are clearly defined, promoting stability for the children.
• Flexibility in Terms: Separation agreements can be tailored to meet the specific needs of each couple. This flexibility allows for adjustments as circumstances change, making it easier to address issues related to property division, support, and parenting.
• Less Emotional Turmoil: For some couples, the process of legal separation may involve less emotional upheaval than divorce. It allows individuals to take a step back, reflect on their relationship, and make informed decisions without the pressure of finality.
• Simplified Divorce Process: If a couple ultimately decides to divorce, having a legal separation can simplify the divorce process by providing a clear framework for issues like asset division and child custody, which can expedite the resolution.

Contact us now to schedule a free legal consultation with an experienced Queens legal separation lawyer. Call (718) 268-8111 or fill out our online form!

Key Considerations When Drafting a Separation Agreement

Creating a separation agreement involves several important considerations:

• Full Disclosure: Both parties must provide a complete and honest disclosure of their financial situations, including income, assets, and debts. 
• Legal Guidance: Consulting with a qualified Queens separation agreements attorney can help ensure that the agreement is fair, comprehensive, and legally binding. 
• Child's Best Interests: When addressing child custody and support, the best interests of the children must be the primary focus. 
• Review and Revise: It’s advisable for both parties to review the agreement thoroughly and consider seeking independent legal advice before signing. This helps ensure that both parties fully understand the terms and implications.
• Enforceability: The agreement should be drafted in compliance with New York state laws to ensure that it is enforceable in court.

Contact Our Queens Separation Agreements Lawyer Today

If you are feeling overwhelmed about separation agreements or understanding which one may be right for you, do not hesitate to contact the Law Offices of Donald Mastrodomenico, P.C. right away. Any family law case can be emotionally charged and we understand that reaching a resolution is your top priority.

At our firm, we will do everything in our power to help you reach an amicable decision and to ensure that your case is completed in a timely manner. Our team stands ready to provide you with excellent legal counsel and trusted service regardless of the situation you are facing.