Legal Separation

Legal Separation Attorney in East islip, New York

For some people, the idea of a dissolution of marriage is limited to the messy process of filing for a divorce with the children involved. However, filing divorce cases (which could be a contested or uncontested divorce case) is not the and-all be-all of family law practice. Not surprisingly, the legal process of going through a divorce is not for everyone. For some married couples, the best way for the family court system to protect their legal rights is to file for legal separation with the help of a legal separation attorney.

If you are considering a legal separation, get legal advice from an experienced East Islip family law attorney who can explain its advantages vis-a-vis relevant state law and guidelines. Our divorce and family law attorney at Donato Law can help you understand the difference between a separation agreement and a marital settlement agreement, learn more about residency requirements, and make a better-informed decision, given your particular circumstance.

A local family law attorney experienced with legal separation and divorce filings can help you decide on the best path to take. Call us at  631-920-3848 to schedule a consultation today!

What is Legal Separation?

Legal separation is a legal proceeding that is comparable but distinct from a divorce petition. ln general, the term legal separation refers to a legal action filed by a married person (or domestic partner) who wishes to stay married (or in the domestic partnership) with hopes of resolving related legal issues.

Using simple terms, filers live separately from one another but do not change their marital status. Given all the required court forms and paperwork, reliable legal aid from an East Islip legal separation attorney is necessary to evaluate your situation and carefully explore all available options.

There are many reasons why a married couple in New York might choose to legally separate without filing a divorce, with medical insurance as a common example. Unlike in divorce proceedings, remaining legally married can ensure continued health insurance coverage for the non-employee spouse in New York. However, because no two couples have the exact needs and goals, reliable legal representation from a trusted legal separation attorney is key.

Call us at 631-920-3848 and have a dedicated legal separation attorney in New York answer your questions about child custody laws and visitations, child support guidelines, child custody laws, statutes on spousal support (alimony), or division of marital property.

Filing for Legal Separation in East Islip, New York

A legal separation can be described as a court order that mandates the rights and duties of couples who are living apart but still legally married. It is often applicable for couples who are not ready to terminate their marriage but want to be considered separated for tax liability purposes, immigration matters, or religious reasons.

In some instances, couples use it to divide property and debts, so both parties involved are no longer legally responsible for each other. This is especially beneficial for couples who do not want to go through a gray divorce or a high-income divorce. Additionally, while a legal separation does not end a marriage, you may eventually convert it into a divorce petition (which is not applicable the other way around).

If you are currently considering a legal separation or are still unsure whether you should file for legal separation or divorce, consult with a trusted East Islip legal separation attorney.

At Donato Law, we are committed to helping you decide on the most appropriate course of action to take. To know if legal separation is suitable for your current circumstances, schedule a consultation with us today. We will work personally with you and be with you every step of the way.

Call us at 631-920-3848 to speak with an East Islip legal separation attorney today!

Qualifications for Filing Legal Separation in New York

For couples who wish to get legally separated in New York, there are no residency requirements applicable if:

  • both you and your spouse are residents of New York state at the time of filing; and
  • the grounds for the separation arose in New York

If this is not the case, you must meet one of these two residency requirements:

  • at least one spouse has been living in New York state for a continuous period of two years (or more) before you file for separation
  • At least one spouse has been living in New York state for a continuous period of one year (or more) before you file for separation, and you either got married in the state, lived in state when you were married, or the grounds arose in New York.

Call us at  631-920-3848 to schedule a consultation with an East Islip legal separation attorney. 

Division of Property

Similar to the case in other states, agreements on property division may also be part of the legal separation proceedings. If spouses cannot negotiate and reach an agreement, a court may decide on property division issues. Similarly, as in other states, neither of the spouses involved can remarry or enter into a domestic partnership if the marriage has not been dissolved through a divorce decree.

Call us at  631-920-3848 to consult with our East Islip legal separation attorneys today! 

Benefits of Filing a Legal Separation

Couples who wish to be legally separated may bring to a New York court an “action for separation” and seek a Judgment of Separation. Alternatively, you may draft a Separation Agreement (or Property Settlement Agreement), voluntarily signed, notarized, and filed with the County Clerk.


One advantage of legal separation for some people is that reconciliation is possible since it does not necessarily lead to divorce since spouses are still legally married. On the other hand, a legal separation judgment does not prevent a future judgment for dissolution, particularly if either party subsequently chooses to get divorced.

Conversion Divorce

If either of the spouses would later want to remarry after a legal separation is ordered, that spouse might need to work through a conversion divorce. Here, filers generally ask the judge to include all the separation agreement terms into the divorce filing.

In some instances, after a legal separation attorney evaluates your case and explores all available options carefully, an entirely new divorce matter might be necessary.

If you have any clarifications about legal separation or divorce, seek legal assistance from a New York family law firm. We can provide legal assistance for your family law concerns such as child custody, divorce modification, divorce enforcement, and more. 

Speak with a dedicated East Islip legal separation attorney from Donato Law today! Call us at  631-920-3848 to schedule a consultation.

Call an East Islip Legal Separation Attorney Today!

If you have any legal questions related to this, call our New York family law firm at 631-920-3848. We have the skills and experience you need to determine the best path to take, with your best interests always in mind.

Our East Islip NY legal separation lawyers can provide legal assistance and guide you as you evaluate your options. You may also download our divorce ebook to know more about legal separation, division of marital property, child custody, spousal support, and more.

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