Legal Separation
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White Plains Legal Separation Lawyer

Young couple after quarrel sitting on sofa

Divorce is the most commonly used option for couples that want to end a marriage and can no longer live together. When these individuals want to end the relationship but stay legally married, they have the option to legally separate. Legal separation is a way for a couple to end their relationship but retain the benefits of the marriage. There are many reasons people prefer this option over divorce. Some choose legal separation for financial assistance, medical insurance, and tax consequences. Others may wish to qualify to become a foster parent. Some would rather avoid the stigma of divorce in their religion. Many are just not ready to close the door on their relationship, leaving an opening for reconciliation. Whatever the case, legal separation is the right choice for some people and Penichet & Alberga LLP is ready to help clients reach their goal. If you need a law firm to help you through the process, contact our offices in White Plains for a consultation.

Acquiring a legal separation

There are two ways in which you can achieve your goal of a legal separation. The first, and rarely utilized, is to sue the other party for a legal separation. You are entitled to file a complaint of separation. This is so rare because the trouble and legal fees to separate closely resemble a divorce and people would rather choose the latter. Most couples who wish to legally separate will do so through a separation agreement.

Legal separation through a separation agreement

A separation agreement can help a couple become legally separated efficiently and in a cost-effective manner. There is no application or law that supports a couple who wishes to legally separate. It is simply a legal contract between spouses that agree to terms normally addressed in a divorce. Some of these issues may include child custody, child support, spousal maintenance, and the allocation of assets.  It is highly recommended that each party have legal counsel to represent their interests and ensure a fair and just agreement is drafted. When a separation is complicated by matters like debts, pension, real estate, and tax concerns, the right counsel can help you ensure that your future is protected. When each party agrees to the terms in the agreement and signs in front of a notary public, the agreement becomes legally binding and the parties can consider themselves legally separated. If either party wishes to end the legal separation and finalize a divorce, they may do so by filing for divorce based on the fact that the document exists.


Contact a Westchester County legal team with the experience you deserve

Penichet & Alberga LLP has years of experience helping clients through family law matters. If you are interested in obtaining a legal separation, you need to consult with an attorney that has your best interests in mind and will not allow the other party to take advantage of you through an unfair separation agreement. If you need an attorney to help you through the process or an attorney to draft a fair and just separation agreement for you, contact White Plains office by email or call 914-806-6675.