Marriage is not always a harmonious life-long relationship for some people. Sometimes a couple cannot continue to live together. If you feel that your living situation is not amiable, but you do not yet wish to dissolve the marriage, you may be interested in seeking legal separation from your spouse.
With the guidance of an Albany Family Law Attorney, you can navigate the legal process of separation.
Legal Separation: How Long You Must Wait to Get Divorced After Separation?
If you’re legally separated, you can move forward toward a divorce immediately – or you may never get a divorce. Every case is different. A lot of times, couples will decide not to get divorced because one spouse is receiving something like health insurance under the other spouse’s plan. Once a divorce is final, those benefits are no longer available, so those couples may remain married forever.
Legal Separation: Legally Binding Separation Agreement
Filing a separation agreement does not cause it to be legally binding. Rather, it becomes legally binding only when both of you have affixed your notarized signatures. A separation agreement must be signed by both parties and both signatures must be notarized; then, the agreement must be filed with the county clerk’s office. As soon as both of your notarized signatures are on that document, you are legally separated.
Couples who find it impossible to live in the same household but have an interest in maintaining their married status can file for legal separation. You attorney can draft legal separation agreements that protect clients’ interests during the period of separation and work as a blueprint for a divorce agreement, should that next step be taken.
Please call our Albany divorce attorney Jean Mahserjian to discuss legal separation. Jean Mahserjian has experience handling cases just like yours and offers dependable representation.