Legal Separation Laws in New York
Posted by Separation - 29/01/09 at 08:01 pmLegal Separation Laws in New York
Legal Separation is for couples that want to live separately but do not want to end their marriage. It is an alternative to divorce wherein when they decided to reconcile, they can be together again. In the agreement, issues like child custody, visitation, and custody, property and debt are addressed.
Under the New York Domestic Laws that governs the legal separation laws in New York, legal separation may be granted because of the following causes: inability to support the other spouse, adultery, residing in prison for a period of three or more consecutive years, cruel treatment, and abandonment. Also, in filing for legal separation, the legal separation laws in New York ask for residency requirements. The marriage of the couple must have happened in the state and at least one of them is a resident of the state for one year continuously before the filing. Further, the couple should have lived in the state as husband and wife.
The legal separation laws in New York works in an equitable manner. When it comes to the distribution of property, it is divided in an equally. However, the existence of legal agreements before the marriage may affect the division of the belongings. If the couple has children, there is a provision for child support. The court will be deciding for the percentage of the support. Moreover, either spouse may be given with support.
In New York, there are two ways to be legally separated. The most common way is for the couple sign a separation agreement. And the other way is by gaining a judgment of separation.
