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Separation
Legal Separation and Mediation Lawyer
Serving Buffalo, NY & the Surrounding Area
A legal separation refers to a court ordered agreement that defines the rights and responsibilities of married spouses who wish to separate lives, while remaining legally married. While some may see it as a precursor to divorce, separation is not the same form of legal action, and does not necessarily have to result in a divorce.
Our family lawyer understands that legal separation can be sought for a variety of reasons. Whether the couple wishes to determine finances and custody before filing for divorce or is seeking separation as an alternative to divorce due to moral or religious objections, separation can act as a cooling off period, that leaves the couple room to reconcile if they desire.
Things to Consider When Legally Separating
If you're negotiating a legal separation, regardless of your reasons for separating, there are many things to keep in mind.
- Health Care and Benefits: Legal separation allows you to retain social security benefits and many health insurance policies that would terminate with a divorce. Double check your health insurance; some companies treat legal separation the same as a divorce and terminate your benefits accordingly.
- Marital Status: If you are legally separated, you are still married and cannot marry anyone else until you are divorced.
- Decisions: Your legally separated spouse is still considered your next of kin and can still make medical or financial decisions for you.
- Debts: In a legal separation, spouses might still be responsible for the debt of the other depending on the situation.
- Property Rights: Your legally separated spouse still has rights to property benefits in the event of your death.
- Reconciliation: If there is a chance you and your spouse could reconcile, legal separation makes it easier to achieve this than divorce. If you want a legal reunification after a divorce, you have to get married again.
Let Our Female Lawyer Be Your Legal Separation Guide
For those considering legal separation, there are many issues the couple will have to address. These include child custody, support, visitation rights, and the division of debt, property, and assets. If you have questions about separation agreements, turn to a female lawyer that has been serving the Buffalo, NY area for over four decades. Maureen A. McCready is a dedicated divorce attorney and child custody lawyer who has built her career on helping families across the Western New York and Southtowns region, including Buffalo, Orchard Park, East Aurora, West Seneca, Hamburg, Boston, Marilla, Lancaster, Niagara Falls, Clarence, Olean, NY, and the surrounding area. Contact our law firm to determine if separation is the right solution for you and your partner.
Attorney Maureen A. McCready has negotiated and drafted legal separation agreements and can provide legal advice and counsel you on all the issues that need to be addressed and resolved. With her on your side as your lawyer, you will feel confident in your decision and well-informed before moving forward. To schedule your consultation, call our offices today at 716-882-2300.
