Requirements to Securing a Judgment of Separation in New York

In New York, there are two ways to go about it if you don’t want to remain with your spouse. You either resolve your differences and memorialize them in a settlement agreement, or file an Action for Separation with the court.

There are numerous reasons couples might seek to separate and remain legally married. For some, it has to do with their religious beliefs. Some couples opt for separation mainly to remain enlisted in their partner’s health insurance plan, which a divorce will only terminate.

Difference between a separation agreement and divorce in New York

Separation is meant to mirror divorce, except that you’re still legally married, but separate from each other. Just like divorce, it addresses issues such as custody, parental access time, child support, and support issues.


Separation also tackles financial issues, like assets distribution. Later in life, a separation agreement can serve as the basis of divorce, and it can easily be changed to divorce. 

How to create a valid separation agreement in New York

For your best interest, both parties must disclose full financial standings. When you fail at this, the agreement can be invalidated later. In New York, going for separation is almost similar to getting a deed to be recorded, which means you need a notary to sign an acknowledgment.

Do you need an attorney for a separation agreement?

You don’t necessarily need an attorney to process a separation agreement, but having one will serve your best interest since this might probably be your first time. An experienced attorney will help you steer clear of mistakes that could hurt you in the future.

Your attorney will help prepare the necessary documents, including sound legal advice to help you make informed decisions. Here are some of the mistakes commonly made during separation.

Hiding assets

Your attorney will advise you against ever thinking of hiding your assets. It always backfires, hurting you in the long run. When it comes to your assets, you need to be as transparent as possible.

Failing to negotiate

Most people allow their feelings to deter them from negotiation. With an attorney beside you, negotiations will be handled on your behalf and best interest. If this is your first time in such a process, your attorney will be your best bet to making the best decisions.

Failing to anticipate the duration of the process

A common mistake people make is thinking the process is going to be quick. When they dive in and discover reverse being the case, they couldn’t help but feel disappointed. An attorney will give you an estimation based on the circumstances surrounding your case.

If you’re looking for such an experienced attorney, go ahead and give us a call or perhaps fill out our contact form to begin.