What is the Difference Between a Separation and a Divorce?

New York State has joined the other 49 states to become a No Fault divorce state. This means that you and your spouse can file for your divorce immediately without having to blame the other one for marital misconduct or be required to live under the terms of a Separation Agreement for a minimum of one year before filing for an uncontested divorce. Prior to the new No Fault law, these were the only two options. With the advent of the new law, all of this has changed. All that is required now is for one spouse to simply state there has been an irretrievable breakdown of the marriage.options to pursue a separation and ultimately a divorce.

Despite the new law, there may still be times when living under a Separation Agreement for a period of time may make sense. During the mediation we discuss in great detail the variety of reasons why some couples may choose to live under the terms of a Separation Agreement rather than file for divorce right away.

Regardless of which avenue you pursue, it’s prudent to sign off on a written agreement once you and your spouse have decided to separate. As long as an Agreement has been signed and notarized, there will no longer be any liabilities toward each other except for the ones you have authorized in your Agreement.