Question #68: I live in NYC. My husband and I have agreed to a Legal Separation. Is this something we can do, or do we have to hire an attorney? Is there a general form to use for a legal separation?

A legal separation is the first step in the divorce process and it is essential that you get legal counsel to advise you on how to properly legally separate and to prepare a written Separation Agreement. The Separation Agreement deals with many issues that are unique to the married couple such as child custody, child support, the division of marital assets, spousal support, and many other issues that cannot be dealt with in a simple form. It must be drafted for the particular couple and their particular issues.

I cannot overemphasize the benefit of mediating your separation and divorce and strongly suggest that you call me at 212-370-1660 to arrange for a meeting to discuss the matter together.

Leonard M. Weiner, Esq./Divorce Solutions