Divorce and Separation Lawyer Staten Island, New York – Erin K. Colgan, P.C.
Divorce can be a challenging and difficult experience, both emotionally and financially. It can be especially difficult if you and your spouse have been together for a long time and have built a life together. The process of ending a marriage can be stressful and can bring up a range of emotions, including sadness, anger, and fear.
Additionally, dividing assets and determining custody arrangements can be complicated and cause conflict between spouses. If you have children, the divorce process can be particularly challenging as you work to come to an agreement about their care and custody.
It’s important to remember that everyone’s experience with divorce is different. It’s common to feel overwhelmed and emotional during this time but know that you do not need to navigate the divorce or separation process alone.
Staten Island’s Trusted Divorce Lawyer and Certified Mediator
At Erin K. Colgan, P.C., our practice is dedicated to helping those divorcing in Staten Island to resolve their family legal matters. We have extensive experience in mediation, divorce, and family law cases, meaning we have the knowledge and resources to help you through this challenging time and the ability to accommodate the type of divorce that best suits your situation and goals. We help you formulate a divorce strategy to protect your interests, preserve marital assets, and help you to navigate the right path to end your marriage in the most efficient and least unpleasant way. Our holistic approach includes integrated support to connect you with local professionals to help you begin your new life chapter.
Are you considering divorce or separation? Let the Staten Island team at Erin Colgan Law help you understand the legal process and your options. For a confidential consultation, call our Staten Island office today at 718-981-5505.
FAQ About Divorce and Separation Law Staten Island
Separation can be a strategic choice for couples who may not be ready to fully end their marriage. It allows time for emotional and financial reassessment without the finality of divorce. As your family law firm, we can help you understand if this is a beneficial step for your specific circumstances and draft a separation agreement that protects your legal rights during this period.
During separation and divorce, it’s crucial to avoid making impulsive decisions that could affect your legal standing, such as relocating with children without consent or disposing of significant assets. As experienced Staten Island divorce lawyers, we guide our clients through the dos and don’ts, ensuring they make informed decisions that won’t negatively impact the outcome of their separation or divorce proceedings.
In New York, the three types of separation are:
- legal separation, where a court-approved agreement is in place;
- trial separation, where couples live apart informally without legal documentation, and
- permanent separation, often leading to divorce.
Our role as mediation attorneys includes helping you choose the best type of separation for your situation and formalizing any agreements required.
Remaining legally married but separated without finalizing a divorce can lead to complications, particularly financial entanglements and legal rights. It’s important to consult with a divorce attorney to understand how this may impact your future, especially regarding inheritance, benefits, and tax implications.
In New York, spouses may be required to support each other financially during separation. This support, known as spousal maintenance, is not automatic and depends on several factors, including each spouse’s financial ability and the standard of living established during the marriage. Our Staten Island divorce lawyers can help negotiate a fair support arrangement through voluntary agreement or court order.
Staying legally married but separated can provide benefits such as continued health insurance coverage, tax benefits, and meeting time requirements for social security or pension benefits. As your family lawyers, we can advise on the potential advantages and disadvantages of staying married but separated, helping you make a decision that aligns with your personal and financial goals.
Areas We Serve - Divorce and Separation Law Staten Island
Divorce vs. Separation - Richmond County Family Lawyers
The terms “divorce” and “separation” are often used interchangeably. However, in legal terms, divorce and separation are two distinct concepts. Divorce is a legal process that dissolves a marriage. Assets and property are divided between spouses, and if children are involved, custody arrangements are made. When a divorce is final, one regains one’s status as a single individual.
Separation is different. A legal separation does not dissolve a marriage. Separation only creates space between partners. You and your spouse can live separately, maintain separate lives, and date other individuals. However, technically, you and your spouse still maintain a legal partnership and cannot legally marry another individual. Couples wishing to separate must agree on a detailed separation agreement. A separation agreement is a legal document outlining where each party will live, whether there are support payments and custody arrangements.
Understanding Legal Separation in New York
In New York, couples can legally separate rather than get a divorce. Legal separation may sometimes involve obtaining a court order that spells out the terms of the separation, such as the division of assets and liabilities and custody and support arrangements for any children. This is called a Judgment of Separation. Other couples may wish to enter into a Separation Agreement and move to convert it to a divorce after a one-year period.
To obtain a legal separation in New York, one spouse may file a separation agreement with the court and serve it on the other spouse. The separation agreement must be signed by both spouses and must be notarized.
If the parties wish to convert a separation to a divorce, the separation agreement is filed with the court and a judge will review it to ensure that it is fair and reasonable. If the judge approves the agreement, it will be incorporated into a court order and will in effect be part of the divorce decree.
Legal Separation and Physical Separation: Understanding Your Options
Couples who are legally separated are still considered to be married, but they are no longer required to live together and are free to live separate lives. They may also be able to get certain benefits, such as Social Security and health insurance, that are not available to unmarried individuals. The parties may even be permitted to remain on their spouse’s health insurance until divorced.
It’s important to note that legal separation is not the same as physical separation, which occurs when a couple stops living together but is not legally recognized by the state. A “trial separation” is informal and there are no guarantees or protections that the other party will “do the right thing” as far as financial obligations, parenting, etc. Also, you run the risk of unintentionally having assets included for division later during a divorce due to the lack of formality of the agreement to end the marriage. This vague informal arrangement can be detrimental if it is prolonged. Parties informally separated should get legal advice on any potential risks of not filing for the divorce. Couples who are physically separated are not eligible for the legal protections and benefits of legal separation.
There are several reasons a couple may choose to separate instead of filing for a divorce. Relationships are complicated. Sometimes, it takes time away from one another to sort through emotions and decide what you want your life to look like moving forward. Separation is often a precursor to divorce, but it can also help give couples the time and space they need to seek therapy, work through their conflicts, and eventually reconcile if that is ultimately what they decide.
Grounds for Divorce in New York
Sometimes it is clear that a marriage is not working. When that is the case, divorce may be the best option. New York divorce laws recognize fault and no-fault grounds for divorce.
What Is a No-Fault Divorce?
New York was one of the last states to allow no fault-divorces, which means that either spouse can file for divorce without having to prove that the other spouse did something wrong. As of 2010, the state allows couples to end their marriage without having to go through the time, expense, and emotional stress of litigating fault-based grounds for divorce.
The benefits of a no-fault divorce include:
- It allows couples to end their marriage without having to prove fault or blame.
- It can help to reduce conflict and acrimony between spouses by removing the need to assign blame.
- It allows couples to move on with their lives more quickly and with less stress.
- It can be less expensive and time-consuming than fault-based divorce.
- It allows couples to maintain some privacy, as they do not have to publicly disclose the reasons for the breakdown of their marriage.
It’s important to note that no-fault divorce does not eliminate the need for spouses to address issues such as the division of assets and liabilities and custody and support arrangements for any children. These issues will still need to be resolved through negotiation, mediation, or, if necessary, through the court process.
What is a Fault-Based Divorce?
New York still recognizes fault-based divorces, meaning one spouse could prove that the other spouse is responsible for the marriage breakdown. The state of New York recognizes the following reasons for seeking a fault-based divorce:
- Cruelty
- Abandonment for at least one year
- Incarceration for three or more years
- Adultery
- Legal separation for more than a year
One potential benefit of a fault-based divorce is that it may allow the spouse who was not at fault to obtain a larger share of the assets or a higher level of spousal support. In some states, the spouse who was at fault may also be required to pay legal fees or other costs associated with the divorce.
Contact Staten Island’s Premier Divorce and Separation Attorney Today
Are you considering separation or divorce from your spouse and wonder what your options are? Call our office today to set up a consultation to discuss your situation with Erin K. Colgan, P.C., Staten Island’s premier divorce attorney and certified mediator, at 718-981-5505. Or, request a consultation using the below form.
