Does NY Require Separation Before Divorce?

Nov 23, 2022

What is the difference between a divorce and a separation? The term ‘separation’ often refers to a couple moving to a separate living arrangement and dividing up property and financial assets. In terms of a legal separation, the marriage isn’t yet legally dissolved, but the court may mandate the rights and duties of each party.

For many divorcing couples, the separation period is important in determining the legal oversight of child custody, spousal support, and debt management. It’s a reversible situation that allows both spouses more time to come to terms with what is best for all parties involved.

Is Separation Required Before Divorce?

Many assume that you must legally separate before the divorce. However, in the state of New York, you’re not legally required to separate before divorce proceedings.

There are grounds for divorce that don’t require a separation, like abandonment, prison confinement, or an irretrievable breakdown that has lasted for longer than six months.

If you’re uncertain whether your divorce requires a separation period, contact the Levitsky Law Firm for more information. At Levitsky Law Firm PLLC, we specialize in situations of separation before divorce and divorce without separation.

Finding a Brooklyn Divorce Lawyer

Whether you’re searching for a divorce without separation or mediation, the Levitsky Law Firm PLLC is here to help. Our team is made up of consummate professionals who specialize in New York family law.

Our services include property division, child support, custody, paternity, orders of protection, separation agreements, prenuptial agreements, postnuptial agreements, divorce mediation, collaborative law, and divorce modifications.

To ask about one of our services, contact the law firm at 888-493-9222. Our team at the Levitsky Law Firm PLLC would be happy to discuss the various options with you.