Separation Action / Separation Agreement

There are two (2) ways to get separated in New York State. The first and more common way to become legally separated is to execute a Separation Agreement. This can be accomplished when both the Husband and the Wife come to an agreement on marital issues to be resolved.

The issues to be addressed are the same in a divorce, such as custody, child support, property distribution, occupancy of the marital residence, debt allocation and relevant spousal maintenance. The main difference from a divorce is that no action for a divorce is commenced and no grounds (against the other spouse) are alleged.

With a Separation Agreement there is financial disclosure by each party so that a fair and reasonable resolution can be obtained.

Once the Separation Agreement is drafted and executed by the parties it can be filed with the County Clerk.

The second way to obtain a legal Separation is to commence an Action for Separation. This requires the file of a Summons & Verified Complaint, alleging grounds for the Separation (similar to the grounds for a divorce), the purchasing of an Index Number and the commencement of litigation against the other party. The matter proceeds in court, like a divorce action, but at the end of the litigation the parties are still deemed married. This may not always be the most cost effective way to proceed and all issues and outcomes are always addressed by our office.