Although New York law now provides for no-fault divorce from you (which now only requires an affidavit that the marriage was irretrievably broken up for six months or more) if you or your spouse can prove that you lived apart and separated under a written separation agreement and that you followed the terms of that separation agreement for more than a year, Then you can get a divorce decree on that basis alone. Of course, the separation agreement can also be filed as part of a divorce decree if you or your spouse decide to file for divorce through no fault of your own, rather than waiting the required year to file for divorce because you lived separately and separately under the terms of a separation agreement. Legal separation is valid in New York for as long as you want. It will no longer be valid after your reconciliation or divorce, although in the latter situation, you can still opt for your existing separation agreement. There are pros and cons to legal separation, and it may not be good for all couples. Here are some of the most important things to keep in mind: If you and your spouse divorce, there can be several things that can happen with the separation agreement, depending on how it was drafted. First, the separation agreement could indicate that it is part of the subsequent divorce decree. This is called fusion. If a separation agreement provides for it to pass through the divorce decree, the separation agreement no longer exists as a separate, enforceable contract after the divorce and can be changed more easily. A separation agreement may also stipulate that some parties will be incorporated into the subsequent divorce decree, but other parties will survive the divorce decree. However, it is common for the entire separation agreement not to be merged with the divorce judgment, but to last longer than the divorce decree and can therefore be enforced separately.

As in the case of legal separation, either spouse can bring an action for divorce after living separately on the basis of a legal separation order, and the conditions of the separation order can be included in the divorce judgment. Although it is not mandatory, it is advisable to file the signed separation agreement with the district manager. It can only be filed in the country in which a party is domiciled. Filing the legal separation agreement prevents anyone from making unauthorized changes and avoids concerns about the loss or destruction of the original legal separation agreement. If the original, fully signed legal separation agreement is lost before filing, it may not be legally enforceable. In addition, divorce on the grounds of legal separation is not possible. Legal separation is not suitable for all couples. In some cases, the disadvantages outweigh the advantages.

If this is the case for you, here are three other options to consider: The grounds for bringing an action for separation are the same as for a divorce with two differences. The first difference is that the task can be performed for a period of less than a year. The second difference is that the action for legal separation may be based on the non-maintenance of the other spouse. If only 1 spouse resides in New York at the time of filing the legal separation, the residency requirement is two years. However, the requirement is reduced to 1 year if (1) the spouses were married in New York and one of the spouses is still a resident; (2) they have previously lived in New York and each spouse is still a resident; 3) the reasons for legal separation appeared in New York. If you and your spouse no longer want to live together, but you don`t want or can`t divorce at the moment, you can make a legal separation. In most cases, you and your spouse will make a separation agreement with the help of your lawyers, setting out the terms of your separation. Conditions may include child support, equitable distribution, child support, custody, joint parenting arrangements and other matters.

They then file the signed separation agreement with the court and live apart. Alternatively, you may need to file a legal separation action if your spouse has wronged you in a legally recognized way and you want an opportunity to prove it in court. This process works similarly to controversial divorce proceedings. Legal separation is revocable, which means you and your spouse can change your mind and resume cohabitation. If you live apart for more than a year after your separation agreement is filed, or after a court orders your legal separation, any spouse who has fully complied with the terms of the separation agreement (or court orders) can file for divorce in court. Legal separation can last as long as you and your spouse want. It ends when you reconcile or divorce, which is obviously a very personal matter for your best judgment. There may be psychological or religious reasons for opting for legal separation instead of divorce; They want to stay married, but they also want to live separately and separately from each other.

Legal separation can continue indefinitely if both spouses do not wish to convert it into divorce. However, after one year from the date of signature, either party may apply to the court to convert the legal separation into a divorce. Depending on the terms of your separation agreement, if at some point you decide to reconcile, only to find that your relationship is not improving, it is important to know that a temporary reconciliation could invalidate a separation agreement. An experienced family lawyer will provide a reconciliation provision that would replace the common law, which would otherwise terminate a separation agreement in the event of reconciliation. Legally, separation means that husband and wife do not live in the same household. The separation agreement is the legal document that sets out the terms of the separation.