MANHATTAN, NY - Couples facing marital difficulties in New York can choose between legal separation and divorce, each offering distinct legal consequences for assets, children, and future options. Manhattan divorce attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/blog/legal-separation-vs-divorce/) outlines how these paths differ and when each option best fits specific circumstances.
According to Manhattan divorce attorney Richard Roman Shum, legal separation allows married couples to live apart while remaining legally married. It can be established either by a written separation agreement signed and properly acknowledged before a notary, or by a court judgment of separation issued in a separation case. The agreement outlines each spouse's rights and responsibilities during the separation period, including child custody, support payments, and division of assets.
Manhattan divorce attorney Richard Roman Shum emphasizes that divorce in New York is the legal dissolution of a marriage that terminates the marital relationship under the law and permits both spouses to remarry. The divorce process includes court proceedings where issues such as asset division, child custody, visitation rights, and support are decided. New York recognizes both fault-based and no-fault grounds for divorce, with the most common no-fault ground being the irretrievable breakdown of the relationship for at least six months.
"Unlike simply living in different homes, a written separation agreement creates a legally binding contract," explains Shum. "If one spouse violates the agreement's terms, the other may be able to enforce the agreement in court."
New York State recognizes seven legal grounds for divorce. These include irretrievable breakdown for at least six months, cruel treatment involving treatment that endangers physical or mental well-being, abandonment for at least one year, imprisonment for three or more consecutive years, adultery, living separate and apart pursuant to a separation agreement, and living separate and apart pursuant to a judgment of separation.
"Legal separation preserves health insurance and other marital benefits but prevents remarriage and may prolong emotional stress," notes Shum. "Divorce provides finality and allows remarriage, but can be expensive, time-consuming, and emotionally difficult for all family members."
Shum adds that legal separation is not always a step to divorce. For many couples, it represents a crossroads where they can choose between reconciling or moving forward with the dissolution of their marriage. If both spouses decide to reconcile, they can formally terminate their separation by drafting a new written agreement that revokes the original separation agreement.
A conversion divorce transforms the legal separation into a final divorce decree. Its main advantages include simplicity and speed, since property division, custody, and support issues are already addressed in the separation agreement. There is reduced conflict because there is no need to renegotiate terms or prove fault grounds. The process is also more cost-effective, with legal expenses and court appearances generally lower than in a contested divorce.
"Choosing between legal separation and divorce requires evaluating commitment to the relationship, the severity of marital problems, financial implications, and the impact on children," advises Shum. "Legal separation preserves some benefits and allows for reconciliation, while divorce provides finality and a complete legal separation."
For couples throughout Manhattan and New York City considering their options, understanding the legal distinctions between separation and divorce and how each affects property, support, custody, and future choices can help individuals make decisions aligned with their personal circumstances and long-term well-being.
About Law Office of Richard Roman Shum, Esq.:
Law Office of Richard Roman Shum, Esq. is a Manhattan-based law firm providing representation in divorce, legal separation, child custody, spousal support, and property division cases. Led by attorney Richard Roman Shum, with over 15 years of legal experience, the firm handles both contested and uncontested matters throughout Manhattan and New York City. For consultations, call (646) 259-3416.
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