Legal Separation vs. Divorce by Richard Roman Shum

Legal Separation vs. Divorce by Richard Roman Shum
If you’re considering a legal separation or divorce in Manhattan, it’s important to understand the differences between the two options and how each can impact your future. In this video, we discuss the key distinctions between legal separation and divorce under New York matrimonial law. Both options address financial and personal matters but offer different outcomes depending on your circumstances and goals. A legal separation allows couples to live apart while remaining married, which can be beneficial for those who may want to retain certain financial benefits or are not ready to permanently dissolve their marriage. On the other hand, divorce legally terminates the marriage, allowing both parties to remarry and bringing finality to the division of assets and spousal support arrangements.
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At the Law Office of Richard Roman Shum, our Manhattan divorce lawyers are here to help you make an informed decision about whether legal separation or divorce is the best path for your situation. We assist clients in drafting separation agreements that address crucial matters such as child custody, visitation rights, spousal support, and the division of marital assets. A separation agreement is a legally binding contract that outlines the rights and responsibilities of each spouse during the separation, ensuring that both parties comply with the agreed-upon terms. In cases where reconciliation is not possible, a divorce may be the appropriate option.
Divorce in New York can be based on several grounds, including irretrievable breakdown of the marriage for at least six months (no-fault divorce) or fault-based reasons such as cruel and inhuman treatment, abandonment, or adultery. Understanding which grounds apply to your case can impact the divorce proceedings, particularly if one party disputes the reasons for the divorce. Our attorneys can help you navigate the complexities of New York divorce law, whether you are seeking a no-fault divorce or need to establish fault-based grounds.
The divorce process also involves significant legal steps, including the division of assets and debts, determining child custody arrangements, and establishing spousal support. In contested divorces, where the spouses cannot agree on key issues, the court may intervene to settle disputes. However, if both parties agree on major matters such as asset division, child custody, and support, an uncontested divorce may offer a more streamlined and less costly resolution. Whether your case involves a contested or uncontested divorce, our Manhattan divorce lawyers can provide the guidance you need to achieve the best possible outcome.
In addition to divorce, legal separation offers couples an alternative that allows them to address similar issues without ending their marriage. Legal separation can be beneficial for those who wish to maintain their marital status for personal or financial reasons, such as retaining health insurance benefits or allowing time for possible reconciliation. However, both legal separation and divorce require careful consideration and planning.
If you are facing marital difficulties and need guidance on legal separation or divorce in Manhattan, contact the Law Office of Richard Roman Shum today at [phone]. Our team is ready to help you understand your options, draft a separation agreement, or guide you through the divorce process to ensure your rights and interests are protected.
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