Experienced New York City Legal Separation Lawyer

Practically speaking, couples may choose to take time away from each other when a relationship shows signs of dissolving. They may take a marital “time out” to gain insight into their own needs outside the marriage and decide what is best for them in the future. But a physical trial separation and legal separation are very different things and can have their own consequences. Couples should weigh those consequences when considering a separation to ensure that they are legally protected from any unforeseen situations.

At The Law Office of Ryan Besinque, legal separation lawyer Ryan Besinque and our skilled team of New York City divorce and separation attorneys are dedicated to the welfare of our clients. We focus on protecting the financial assets, parental rights, and practical aspects of each separation or divorce situation to ensure that each client is protected each step of the way. If you and your spouse are considering a legal separation, contact us to understand how a legal separation might work for you. Our top New York divorce and separation lawyers can help you make the best choice when moving forward with a legal separation.

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What is a Legal Separation?

A legal separation is an agreement where married people choose to live apart from each other while they are still married. While an informal separation may be easier, it lacks important protections for both parties and their families especially when children are involved.

In New York, a separation agreement binds both spouses to its terms and specifies each party’s rights and responsibilities while they are living apart. Without a legal separation agreement, the separation is not considered legal and the courts cannot enforce any agreements that spouses have made with each other informally.

Important matters that are often set out in a separation agreement can include terms and conditions about how the couple will divide their property, pay bills and other debts, share child custody arrangements, and who will be responsible for child support and spousal support. In order to be legally separated, both spouses must agree to the terms of the separation agreement, sign it, and file it with the Clerk of the County Court in the area where they live. 

If you and your spouse are considering a legal separation, making sure that you have a  binding and comprehensive separation agreement is crucial. Consulting with a top New York legal separation attorney can ensure this. At The Law Office of Ryan Besinque, we can help create and draft a separation agreement that may protect you in many areas of legal separation.

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How Does a Legal Separation Differ From Divorce?

Despite being legally enforceable, a legal separation is just that – a separation. Spouses are still married to each other until divorce action is taken. Until then, both spouses maintain their married relationship with each other, even though they are living apart and are following the terms dictated in their separation agreement. Being legally separated is not like getting a divorce. A legal separation may be revoked if both parties submit evidence of a reconciliation. 

Hiring a lawyer for your legal separation agreements is very important. At The Law Office of Ryan Besinque, separation lawyer Ryan Besinque and our top family attorneys can help you make necessary decisions for you and your family’s future should you choose to be legally separated from your spouse. To schedule an appointment, call us today at (929) 251-4477.

Why Do Couples Choose to be Legally Separated?

There are many reasons that spouses choose to not be together anymore. Often, couples want to stay married for economic reasons or to continue to file joint tax returns. Some remain married for a finite period in order to become eligible for social security benefits based on their spouse’s income. Others may want to stay together for the other spouse’s health insurance or sometimes, divorce may simply not fit their religious beliefs. Whatever the grounds they have, a legal separation provides them with a framework while pursuing their own life outside the marriage. 

Legal separation is not like divorce. A couple can get back together as long as they don’t go down the path of getting a divorce. Depending on the terms of their separation agreement, both spouses can choose to get back together and reverse the separation. If you or your spouse need more information about a legal separation, call law attorney Ryan Besinque and our team of experienced family lawyers at the Law Office of Ryan Besinque today.

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Reanna Hodkiewicz
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I was looking for a lawyer to handle my child support case and didn’t know where I should go. I searched the internet and found Ryan Besinque. I checked his reviews and it seemed like he was a truly wonderful person and an excellent attorney. After comparing him to other lawyers, I decided to pick Ryan to represent me in court. I have been really pleased with my choice. Everyone on his team is experienced and well-informed. If you leave a voice message or send an email, someone gets back to you almost right away. I am completely satisfied with my child support and I highly recommend Ryan Besinque to anyone needing help with their child support case.
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Hiring Ryan Besinque is the best decision I have ever made. He made everything so simple and easy. Even though my case was complicated, he was very clear and concise. His professionalism is top notch! I would highly recommend him to anyone needing a child custody lawyer.
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I hired Ryan Besinque for my divorce mediation not too long ago. Ryan was patient and very knowledgeable with all of my questions. He took the time to make sure I understood my situation. It was a relief to have him handle my case. Ryan and his team were extremely professional and understood and worked with me throughout the process. They responded quickly to my emails and calls, which was proof that they value me as a client. They were very helpful and efficient in resolving my problem. Thanks a lot guys!
Kirstin Crist
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Ryan provided exceptional service and exceeded all my expectations. He was helpful and responsive. I was able to get my child custody case settled in no time thanks to him. Without him, I wouldn't have been able to get through this. I won’t hesitate to recommend him to anyone!
Alexys Schuppe
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Finding the perfect family law attorney for my case was really hard. I searched the internet and stumbled upon Ryan. Ryan Besinque is among the smartest, sharpest, and the most experienced attorneys that I have ever met. He was always one step ahead of the situation. He gave fantastic legal advice and did a great job on my case. I definitely recommend him!
Kaelyn Wiegand
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The Law Office of Ryan Besinque was my first choice when I searched for a divorce lawyer. Ryan and his team are the best! They listened and drafted all the legal documents I required. They kept me up to date with all the steps and deadlines so that my divorce was completed quickly. I would highly recommend this law firm.
Samara Glover
Samara Glover
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Attorney Ryan Besinque was a great help during my difficult divorce. He is a highly experienced, seasoned, and no-nonsense attorney. He provided excellent advice and clarity in my divorce proceedings. Ryan, thank you! You are the best divorce lawyer in New York!
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How Long Does a Separation Agreement Last?

There is no time limit with a legal separation. According to the law, it can last as long as a couple wants and will end either when a couple reconciles, or if they subsequently file for divorce. If the couple feels that its terms no longer meet their needs, a separation agreement can be modified and refiled if necessary. If the separation is being used as a basis for a subsequent divorce, however, the couple must have been living apart under the separation agreement for one year or longer.

What Do Legal Separation Agreements Entail?

Similar to divorce, a separation agreement should address many different things. In format, it must include specific information such as where and when you were married and the date you became separated. It must set out many different specifics about each spouse’s responsibilities and obligations, so great consideration should be given to its terms.  A comprehensive settlement agreement should consider:

Where you will live

Legally separated spouses must live separately at all times. The separation agreement can also refer to what will happen to the family home or specify other property that each wants to maintain in the separation.

Visitation

Regardless of who maintains custody, a visitation schedule must be made part of your separation agreement if you have minor children. It should include things like how many times during the week each spouse has time with the child and how vacations and holidays will be handled.

Child custody

Both spouses need to agree on who will be the primary custodial parent or how you will share joint custody of your children.

Spousal support

If one spouse expects spousal support during the term of the separation, the amount and term of support should be specified in the agreement.

Child support

While child support is generally paid by the non-custodial parent to the custodial one, both spouses must determine the amount of support and how often it should be paid. The agreement should also refer to how any additional costs for the children will be handled.

Paying bills

Separating spouses must determine who will be responsible for what bills and how they will be paid.

A legal separation can sometimes be as complicated as getting a divorce. These matters should be set out as concisely as possible to ensure the agreement’s enforceability should one spouse not live up to its terms.

If you are considering a legal separation, it is a good idea to get the guidance and input of an experienced New York legal separation lawyer. At The Law Office of Ryan Besinque, we can advise and guide you through the many facets and legal implications of your separation agreement to ensure that it fully protects you and works well for you and your family.

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Are There Residency Requirements for a Separation to be Legal in New York?

If you and your spouse are residents of New York and the reasons you are seeking a separation happened here, there are no resident requirements for a legal separation. Otherwise, spouses seeking a legal separation must fulfill one of the following:

One spouse has been a continuous resident of New York for at least two years prior to filing for separation.

One spouse has been a continuous resident of New York for at least one year prior to filing for separation, if you were married here, lived in the state at the time you were married, or the reason that you want to separate happened here.

You may, at some point, want to convert your separation agreement into a divorce. In this case, some conditions must be met:

  • You must have filed a legal separation agreement
  • You must have lived separate and apart from your spouse for one year or longer
  • You have purchased an index number associated with your separation, which may later be used in a conversion divorce

The court will review all the terms of the separation agreement and decide which to include in the final divorce.

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Getting the Help of a Legal Separation Attorney

A legal separation can be complex and can leave a spouse exposed if certain issues are not addressed in the separation agreement. Consequently, having the guidance of an experienced legal separation attorney in New York is a good strategy to ensure that matters have been considered and included in the separation agreement. 

Ryan Besinque and his team of experienced New York legal separation lawyers can ensure that you are protected by your separation agreement and that it comprehensively addresses issues that may arise. To schedule a free consultation, you may contact us via email at ryan@besinquelaw.com or via phone at (929) 251-4477.

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