NY Separation vs. Divorce

In NY, you have the option of getting a legal separation agreement or a divorce.  Many clients ask what the difference is between a separation agreement and a divorce.

A separation agreement is an agreement or contract that you and your spouse enter into which details the rights and responsibilities of both of you during a period of separation.  Couples usually live separate and apart for the time of the separation.

Finality

An action for divorce is a legal proceeding initiated to dissolve or end your marriage.  A separation agreement, on the other hand, does not end your marriage, as you are still technically married during the period of separation.

Just because you enter into a separation agreement does not mean that you must get divorced.  You can return to regular married life, or some version of it, at any time.

Conversion Divorce

Before the new NY no-fault divorce law was passed, the only way that you could get a no-fault divorce (where you did not have to prove and plead grounds of adultery, abandonment, etc.) was by having a legal separation agreement for one year.

If you and your spouse lived separate and apart in accordance with the terms of the separation agreement, then you could get a conversion (or no-fault) divorce.

Come mid-October 2010 you won’t have to get a separation agreement to get a divorce, but there are still plenty of good reasons to get one.  I recently wrote another post on the new NY no-fault divorce law’s impact on separation agreements.

If you would like to schedule a free consultation to discuss whether a separation agreement or divorce is the right option for you, please call (866) 830-2064 to speak to one of our New York separation and divorce lawyers directly.