Going From Separated to Divorced

Taking time to cool off during a separation period is a common tactic that two spouses may use before initiating a divorce.  Knowing that divorce is a big legal step, there are many reasons that a couple might determine that it’s better to pursue a separation first.

A couple might want to determine their next steps individually or together.  Not every couple who gets a separation ultimately moves to divorce.  One partner in the couple might want to determine whether they plan to stay in New York or move elsewhere.  They may want to attempt official reconciliation.  Often medical insurance can be maintained under a family plan which can’t be continued once the parties divorce.  Regardless of the variety of reasons, deciding to proceed with a divorce is a big decision.

You are eligible to seek a divorce in the state if you have already separated.  In order to do this, the spouse requesting the divorce has to show evidence that the couple has lived apart under a formal written agreement of separation for at least one year and that he or she has upheld all the terms and conditions of that agreement or that the couple has lived apart for one year under a court-ordered judgment for separation.

Even if you were able to come to terms on your own for the separation, it’s strongly recommended that you contact a New York family law lawyer when it will be escalated to divorce.  There are many critical issues to be decided in a divorce and you should be aware of your rights and responsibilities when moving forward from separation to a divorce in the legal system.

Filing any kind of divorce paperwork can be overwhelming when you’re not clear on the guidelines and requirements.  Communicate early with a New York family law lawyer to ensure completion of the documents in a timely fashion.