The legal separation also does not carry the same tax implications
Legal Separation is a procedure by which a legally wedded couple can formally declare themselves as divorced, even while staying legally married. Legal separation, however, is rarely granted in the conventional form of a divorce court order. It is most commonly referred to as an “amicus ex hominis”, which means “the separation”. The separation takes effect immediately and is recognized throughout the United States and most of the rest of the world.
Many who are involved in a marriage that is coming to an end wish to separate legally while retaining their marriage certificate. In some states this is recognized as a complete divorce and legal separation, while in other states only a written separation agreement is required. If one of the parties desires to dissolve their marriage, it is not necessary for a judge to grant a legal separation agreement; in most states, a separation agreement is merely a request that the parties accept one another and move on with the divorce proceedings. If no separation agreement has been agreed upon then either party may file a divorce suit and proceed in accordance with the applicable laws.
Legal Separation does not restore or change the parties’ marital status
Legally, there are several differences between a separation and divorce proceeding. Legal Separation is effective immediately after the dissolution of the marriage, meaning it occurs immediately following the filing of the divorce petition with the court. Legal Separation is not retroactive, meaning that although the parties may have separated in some manner prior to the filing of the divorce petition, the Legal Separation does not restore or change the parties’ marital status or their marital rights and duties. Legally, the spouses are still married and are considered to be living apart from one another under the law.
Once both parties have determined that they would like to move on and that legal separation does not alter their relationship, the parties should immediately enter into a written separation agreement. Such an agreement should include all of the financial details of the separation, including child support, custody and visitation schedule(s). The agreement should also address any other specific issues that have arisen during the course of the divorce, including any alimony, spousal support or child support orders that have been granted by the court. If a child was born during the time of the marriage, the parent with whom the child spent most of his or her time must be awarded primary custody. If there is a parenti relationship between the child and one parent, that parent will have physical custody of the child, and the spouse will be granted visitation rights.
Divorce Applications require the full consent of the applicant in order to be valid
Once the written agreement has been signed, the parties must officially apply for New York divorce and then proceed with the paperwork and filings. If there were no written agreement, one or both of the parties may file for a certificate of legal separation, which is an official statement of the legal status of the parties. However, if an agreement was agreed upon, this can be considered as a separate application for divorce only. All New York Divorce Applications require the full consent of the applicant in order to be valid.
If the New York Divorce Certificate is awarded, then either party can file for a certificate of divorce, and the application will go on to the clerk of court for confirmation. From here, the divorce papers will be filed with the County Court of the location in which the parties reside. If a judge approves the divorce, he or she will assign a licensed divorce lawyer to the case to represent the interests of the client. It is the lawyer’s responsibility to advise his/her client on how to legally separate from the marriage, and also to determine whether or not a trial date should be scheduled.