Separation
There are three basic reasons why parties may want to consider a separation agreement rather than a divorce:
- Traditional Basis: Separate from bed and board temporarily while considering reconciliation.
- Continued Benefits Basis: Separate but not divorce so as to continue receiving medical benefits, retirement benefits or tax benefits from the other party.
- Divorce Settlement Basis: Separate but not divorce so as to settle a divorce action without further litigation with the knowledge that the Separation Agreement can be converted to a divorce without further grounds after one year.
There are two ways parties can get legally separated; by an agreement called a separation agreement, and by litigation in an action for separation that culminates in a judgment of separation. Separating without an agreement or a judgment does not alter your legal status and you are considered legally married in New York with all the rights and obligations thereto.
The most cost effective way to get legally separated is by way of a separation agreement. This is similar to an uncontested divorce wherein the parties agree on all of the terms and the Law Offices of Paul A. Boronow, P.C. drafts the agreement, and after execution, files a memorandum of the same with the county clerk. The agreement can deal with all of the ancillary issues of the marriage such as custody and visitation, child support, maintenance/alimony, equitable distribution of the assets and debts, exclusive use of the marital residence, counsel fees and all other ancillary issues.
The separation agreement can be converted into a judgment of divorce after living apart for a period of no less than one year and otherwise complying with the terms of the separation agreement.
If the parties cannot agree on a separation agreement, a party can bring an action for separation. This action is very similar to an action for divorce only the relief requested is separation and not divorce [hyperlink]. The grounds for separation are the same as the grounds for divorce [hyperlink] (with the exception of the grounds of conversion of a separation agreement). Once grounds are determined the court has the jurisdiction to determine the ancillary issues such as custody and visitation, child support, maintenance/alimony, equitable distribution of the assets and debts, exclusive use of the marital residence, counsel fees and all other ancillary issues.
If you are contemplating getting legally separated, or if you have received a letter from an attorney or a summons for an action for separation, you should consult with experienced matrimonial attorneys without delay so you can determine and protect your legal rights.
The lawyers at the Law Offices of Paul A. Boronow, P.C. have been drafting separation agreements and prosecuting and defending actions for separation across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results. We are aggressive and dedicated and remain a mere phone call away.
Annulment
There are times a party may want to bring an action for annulment rather than an action for divorce or separation. For annulment a party must plead and prove the following:
Want of Understanding due to mental illness or retardation;
Physical Incapacity to have sexual relations;
Consent by force, duress or fraud;
Mental illness for five years;
Missing spouse for five or more years;
Incestuous marriage;
Bigamous marriage;
Marriage solemnized by improper official;
One or both parties were under the age of consent.
After the court grants the annulment, the court has the jurisdiction to hear and determine the ancillary issues such as custody and visitation, child support, maintenance (alimony), equitable distribution of assets and debts and all other matters relative to the marital relationship.
If you are contemplating getting an annulment, or if you have received a letter from an attorney or a summons for an action for annulment, you should consult with experienced matrimonial attorneys without delay so you can determine and protect your legal rights.
The lawyers at the Law Offices of Paul A. Boronow, P.C. have been prosecuting and defending matrimonial actions and actions for annulment across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results. We are aggressive and dedicated and remain a mere phone call away.
CALL TODAY FOR A FREE CONSULTATION.
|
