Separation & Annulment in Nassau County and Long Island
Suffolk County Divorce Attorney
Dealing with separation or annulment can present various difficulties for any husband, wife or partner. It is important to consult with an attorney who can offer helpful guidance regarding your options and legal rights. At our firm, we help clients throughout Suffolk County and Nassau County and are standing by to see how we can assist you.
Understanding Separation
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 typically by way of a separation agreement. This is similar to an uncontested divorce wherein the parties agree on all of the terms and your attorney at our firm can draft the agreement, and after execution, file 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.
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. The grounds for separation are the same as the grounds for divorce (with the exception of the grounds of conversion of a separation agreement). Once grounds are determined the court has the jurisdiction to determine issues related to custody, support and property.
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 an experienced matrimonial attorney without delay so you can determine and protect your legal rights.
Suffolk County and Nassau County Annulment Proceedings
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 issues related to support, custody and property.
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 a skilled lawyer 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 Suffolk County and Queens County for over twelve years with positive results. We are aggressive and dedicated and remain a mere phone call away.
Contact an Attorney at our firm for help with your annulment or separation in Nassau County, Suffolk County or the surrounding areas. Call us at 516-227-5353.