Unlike divorce, a legal separation does not put an end to the marriage. During a legal separation, you have a court order that regulates the rights and responsibilities of each spouse while living apart. You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are division of assets and debts, child custody and child support, visitation schedules and spousal support.
The same issues addressed during the divorce process are also addressed in a legal separation agreement. A legal separation can protect your interests until the decision is made to file for divorce. Legal separation of one year is also a cause for divorce without assigning fault to either spouse in the state of NY. Some couples choose legal separation as a means of allowing time to evaluate where things are at between them while regulating financial and custody issues, and some use legal separation as a legitimate cause for divorce a year, or longer, down the road. Legal separation agreements can be reached in mediation, which will allow the parties for a quick, amicable and less painful process until the legal separation agreement is reached.

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