Legal separation

A legal separation is a written agreement, honored by the courts, for a couple who have chosen to live apart but stay legally married. It sets out each spouse’s rights and responsibilities while you are apart.

How it differs from a divorce

Like a divorce agreement, a separation agreement can cover child custody and support, spousal support and how property is divided. Unlike a divorce, it does not end the marriage: you remain legally married.

How to get one in New York

You can separate either through a written agreement between the two of you, or by going to court and asking for a judgment of separation.

A possible step toward divorce

In New York, living apart for one year under a separation agreement or judgment is recognized grounds for divorce, and the court can carry the separation’s terms into the divorce.

Some couples separate first to see how living apart affects their relationship. If you later divorce, the groundwork is already done.

Why couples mediate it instead

Confidential
Keep your privacy in a neutral setting, without the stress of a trial or court proceeding.
Quicker
Two to three sessions on average, and the whole process can be completed in as little as one month. Contested litigation can take years.
Less stress
You set the terms and the pace, and reach decisions that work for both of you. That helps your relationship after the divorce, too.
One flat fee
It covers the mediation sessions, an attorney for the legal work, the paperwork and the court filing.

Call with any questions. We will explain the process and set up a time to sit down with a mediator.

Call (716) 400-7286Book a consultation