Couples facing difficulties in their marriage may consult a Family Court Lawyer in Brookhaven about legal separation. This process is similar to a divorce in that it allows each individual to live separate from one another, divide property, and make determinations about child custody and support. While remaining married, they continue to maintain access to benefits such as family healthcare coverage.
How is Legal Separation Obtainable in Suffolk County?
A legal separation in Suffolk County is obtainable through two options. The first option is to enter into an agreement that is similar to a divorce agreement and outlines rights related to property and children. A Family Court Attorney in Brookhaven files the document with the Suffolk County clerk. Once it is accepted by a judge, all stipulations are enforced by the county. By utilizing an agreement, neither party is assigning fault. Alternately, the second option is to file for legal separation based on abandonment, adultery, inhumane or cruel treatment, or the imprisonment that exceeds three years.
Stipulations that are Applied to Legal Separation
Any spouse who does not agree with the proposed separation agreement can stop the petitioner from acquiring an approval from the judge. When this occurs, the only other option for the plaintiff is to provide proof of fault-based grounds to justify the separation. Alternately, after a judge has granted a separation, the petitioner can file for a divorce one year from the date of the final judgment. It is not required by the court to prove the grounds for this action as they were already acknowledged in the original agreement or court order. This is called a conversion divorce and requires a Family Court Lawyer in Brookhaven to file. For more information on Family Court Lawyer visit.
Order of Protection
A judge may grant an order of protection for the petitioner if the grounds for the separation are inhumane or cruel treatment. The order outlines all activities that are harmful or have been detrimental to the petitioner during the marriage. When children are involved, the judge may add further stipulations to protect the child’s rights and best interests. These orders are strictly upheld in Suffolk County, and violators are prosecuted based on the offense and its penalty in the state of New York.
