Question #20: I know that I have to file paperwork and such in order to be considered legally separated. Does Legal separation automatically lead to divorce? If so how long does it take? What if during our legal separation we decide to get back together again? Thank you.

You should engage in an experienced attorney-mediator a to take you through the steps necessary for your separation and the divorce. These matters are too important to leave to self “home improvement” techniques. You should enter into a Separation Agreement with your spouse in which you outline all of the terms and conditions of the separation, including child support, child custody, spousal support, division of marital assets, etc. One of the grounds acceptable for a divorce is having signed a Separation Agreement and waiting one year. However, other grounds may be chosen in which you do not have to wait an entire year. All of this should be done in consultation with your attorney-mediator.

If during the course of the Separation, you decided to reconcile, the Separation Agreement should provide that the division of the assets will remain as agreed-upon but you will be able to continue the marriage and do not have to file for the divorce.

If you are located in the New York City metropolitan area, please contact me as to 12-370-1660 to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions