A legal separation is a separation of two married individuals who have either entered into a written, formal Separation Agreement or who have gone to court and received an Order of Separation from the court having jurisdiction over their matter. Simply living apart is not considered a “legal separation”.
A legal separation is the first step in the process of getting a divorce. The Separation Agreement generally spells out the terms of the separation, including child custody, child support, spousal support, division of marital assets, etc. It is also the basis upon which the divorce papers are filed and whose terms are incorporated in the divorce papers.
If you are located in New York City metropolitan area, please contact me at 212-370-1660 to discuss the matter in more detail.
Leonard M. Weiner, Esq./Divorce Solutions.