Posts Tagged ‘Legal Separation’
What if I Want a Separation and My Spouse Doesn’t?
This is a common question and concern.
My experience tells me that if one person wants out of the marriage, inevitably the separation will occur. It’s only a matter of time and the method they choose to effectuate process. When one spouse is reluctant to end the marriage, it puts the “initiating” spouse in a difficult position. On one hand, the initiating spouse knows how hard this will be on their spouse but on the other hand they may still feel that separating is the best alternative to a marriage that no longer works for them.
What If One of Us Just Moves Out of the House?
The question of who stays in the house is a big concern when couples are contemplating a separation or divorce.
It is one of the topics that is discussed and negotiated in mediation. Sometimes couples have been under tremendous duress while living under the same roof and both spouses agree that one of them should move out for a while even though they have nothing in writing.
What Happens to the House When We Separate?
When couples are separating the question of what happens to the house is a big topic of conversation and negotiation during the mediation. Each couple comes with a different set of circumstances that will drive the answer to this question in one of several directions. As a general rule, there are several reasons that couples will want to hold onto the house: emotional attachments; keeping the children in the school system; and/or financial reasons. Read the rest of this entry »
What is a Legal Separation?

In order to have a “legal separation” you must have a written document, signed by the parties
What is a Legal Separation?
This is a common question and is often asked in the following ways: “My wife/husband moved out of the house about four months ago and we didn’t put anything in writing, is this a legal separation?” or “We think we want to do a trial separation – is this a legal separation?” or “My wife/husband is running up our credit cards and I’m concerned about my liability – do I have any and would a legal separation help?”
Should We Get Separated?

Separation can bring a much needed “time out” and cooling off period.
Having sought and found our website, you are already contemplating this very question. It is indeed an important and very personal one – one that only you can ultimately answer. Understandably you may be feeling ambivalence, disappointment, disbelief, anxiety and uncertainty. Thinking through your options is an important first step in coming to whatever conclusion is right for you.
What is the Difference Between a Separation and a Divorce?

There's Less of a "Struggle" When Mediating a Separation or Divorce
Because New York State is the last state in the union that is NOT a no fault divorce state, this means that you and your spouse cannot simply say that you have “irreconcilable differences” in order to divorce. You are required to state the grounds for a divorce and to this end you have several options to pursue a separation and ultimately a divorce. Read the rest of this entry »


