Getting Divorced After Legal Separation in New York
Long Island attorneys guide separated clients through the divorce process
There are several reasons that spouses legally separate rather than divorcing, such as religious beliefs, financial concerns or being unsure whether they are ready to end their marriages. Spouses who do decide to go ahead with divorce after a separation period may find the process easier because they have already agreed on many of the decisions that must be made in divorce, such as how assets will be divided and where children will live. The Long Island divorce attorneys at Bryan L. Salamone & Associates, P.C., guide spouses who are legally separated and have decided to finalize their divorce.
Why get divorced after legal separation?
One reason people divorce after legal separation is to remarry. When you are legally separated, even though you are living apart, you are still married. In other situations, a separated couple might decide that reconciliation is not going to happen, so the parties want to move on with their lives. There may be antagonism between legally separated spouses that they wish to end by making a cleaner break. There are numerous reasons for choosing to divorce after being legally separated. When you have made the decision to divorce, we will advocate for your interests in the process.
How long does legal separation last in New York?
Legal separation in New York can last indefinitely. It is up to you and your spouse how long you want it to last. Reasons a legal separation would end include reconciliation, the death of one of the parties or parties wishing to divorce. Our law firm can answer any questions you have about legal separation and its terms.
Steps to file for divorce after legal separation
If you wish to keep the same terms in ending your marriage that are in your separation agreement, our lawyers can help you file for a conversion divorce. To file for a conversion divorce, you must have followed all the terms of your agreement and lived separately for at least a year. If you do wish to change the terms of your divorce and can agree on the new terms, we can help you in developing a final marital settlement agreement and getting a simple divorce. And if you and your spouse are in dispute over the issues and your case must be resolved by a judge, we will stand up aggressively for your rights and interests in the court.
Impact of divorce on property division and support
When you are divorcing following legal separation, you may wish to change the terms you had previously agreed to. You or your spouse may have experienced a substantial change in financial circumstances, for example, that would factor into the terms of your divorce. Your children’s needs may have changed during the separation, justifying a reassessment of child custody, visitation and support terms. There are many things to consider regarding the terms of an existing separation agreement before you decide how to proceed with your divorce.
Residency requirements for divorce after legal separation
To file for divorce in New York, you or your spouse must have lived in the state for at least two years. Or you or your spouse lived in the state for at least one year and got married in New York or lived in the state as a married couple. When we meet with you, we will advise you about whether there would be any potential issue involving residency requirements.
Contact a knowledgeable New York divorce attorney
At Bryan L. Salamone & Associates, P.C., on Long Island, we help New York couples who are legally separated move on with their lives through divorce. Please call 631-388-6009 or contact us online to schedule a free consultation with an experienced divorce attorney.