Legal Separation Lawyer in Manhattan

Some Manhattan couples decide to live apart without immediately filing for divorce, choosing instead to formalize their separation through a written agreement or a court decree while remaining legally married. New York law treats legal separation and divorce as related but distinct concepts. A legal separation, whether established through a decree of separation or a written, acknowledged separation agreement, addresses how a couple will live apart and manage issues such as support and property while the marriage itself remains intact. It does not end the marriage. New York law does, however, allow a legal separation to become the basis for a later divorce. Under DRL §170(5), a spouse can seek a divorce after living apart for six months or more pursuant to a decree or judgment of separation, provided the spouse seeking the divorce can show substantial performance of the terms of that decree. Under DRL §170(6), a similar path is available when the couple has lived apart for six months or more under a written separation agreement that has been acknowledged in the manner required for recording a deed, again with proof of substantial performance of the agreement’s terms. For a Manhattan couple weighing whether to pursue a separation before a divorce, or instead to file for divorce directly, understanding how these two paths relate to each other is an important starting point. Law Offices Of SRIS, P.C. discusses legal separation matters with Manhattan clients who call (888) 437-7747.

What Legal Separation Means in Manhattan

Legal separation in New York is not a single, uniform legal status. It generally takes one of two forms: a decree or judgment of separation issued by a court, or a written separation agreement between the spouses that has been acknowledged in the manner required for recording a deed. In either form, a legal separation addresses how a couple will live apart while remaining married, including issues such as support and the use of property, without dissolving the marriage itself. A couple can remain legally separated for as long as they choose, and some couples never proceed to a formal divorce.

New York law connects legal separation to divorce through two of the state’s seven divorce grounds. DRL §170(5) allows a spouse to seek a divorce after the couple has lived apart for six months or more pursuant to a decree or judgment of separation, provided the spouse seeking the divorce demonstrates substantial performance of the terms of that decree. DRL §170(6) provides a similar path where the couple has lived apart for six months or more under a written, acknowledged separation agreement, or a memorandum of that agreement filed as required by law, again with proof of substantial performance of its terms.

These two grounds mean that a legal separation, once it has been in place for the required period and its terms have been substantially followed, can support a later divorce filing without the need to establish one of New York’s other divorce grounds, such as a fault-based ground or the no-fault ground under DRL §170(7). For some Manhattan couples, formalizing a separation first, whether through a court decree or a written agreement, provides a period to address support, property, and other issues while remaining married, before deciding whether and when to proceed to a formal divorce. The specific procedural requirements for obtaining a separation decree or drafting a separation agreement depend on the couple’s circumstances and are addressed individually in each case.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Legal Separation Cases

Mr. Sris and the firm’s Of Counsel attorneys work with Manhattan clients who are considering a legal separation, whether through a court decree or a written separation agreement, as an alternative to filing for divorce immediately. The firm’s approach includes helping clients understand how a separation, once it has been in place for six months or more and its terms have been substantially performed, can later support a divorce filing under DRL §170(5) or DRL §170(6), depending on whether the separation was established by decree or by written agreement.

For clients who are unsure whether to pursue a separation or proceed directly to a divorce, Mr. Sris and the firm’s Of Counsel attorneys discuss how each path addresses issues such as support and property while the marriage remains intact, and how the choice between the two can affect the timeline and structure of the case going forward. The firm also explains the distinction between a separation, which does not end the marriage, and a divorce, which does, so that clients can make an informed decision about which path fits their circumstances.

Mr. Sris, a former prosecutor and the Owner and Founder of the firm, has worked with clients on family law matters since founding the firm in 1997. The firm does not guarantee a particular outcome or timeline for a separation or a subsequent divorce, since these matters depend on the specific facts of each case and the terms the parties are able to reach. Manhattan clients considering a legal separation can request a consultation to discuss how DRL §170(5) and DRL §170(6) may apply to their situation.

About the Attorney

Mr. Sris is the Owner and Founder of the firm, which he founded in 1997, and he previously served as a prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he has applied throughout his career to financial and technology-related aspects of his cases, including matters involving support and property arrangements addressed in a separation.

The firm’s Of Counsel attorneys support the firm’s family law practice alongside Mr. Sris, including matters involving legal separation and its relationship to a later divorce filing. Mr. Sris and the firm’s Of Counsel attorneys work with clients to evaluate whether a separation agreement, a separation decree, or a direct divorce filing best fits their circumstances.

The firm does not offer free consultations. Manhattan clients who want to discuss a legal separation, or how a separation may relate to a future divorce filing, can request a consultation to review their situation. The firm’s principal office is located in Fairfax, Virginia, and appointments are available by calling ahead to schedule a time to speak with the firm.

Frequently Asked Questions

Is a legal separation the same as a divorce in New York?

No. A legal separation, whether established through a court decree or a written separation agreement, addresses how a couple lives apart and manages issues such as support and property while remaining legally married. It does not end the marriage. A divorce, by contrast, legally dissolves the marriage. New York law does allow a legal separation to later support a divorce filing under DRL §170(5) or DRL §170(6), but the separation itself is a distinct status from the divorce that may follow it.

How can a separation agreement lead to a divorce in New York?

Under DRL §170(6), a spouse can seek a divorce after the couple has lived apart for six months or more pursuant to a written separation agreement that has been acknowledged in the manner required for recording a deed, or a memorandum of that agreement filed as required by law. The spouse seeking the divorce must also show substantial performance of the terms of the agreement. Once these requirements are met, the separation agreement can support the divorce filing without relying on a different ground.

What is the difference between a separation decree and a separation agreement?

A separation decree is issued by a court, while a separation agreement is a written contract between the spouses that has been acknowledged in the manner required for recording a deed. Both can address how a couple lives apart while remaining married, including support and property arrangements. New York connects each to a distinct divorce ground: DRL §170(5) applies to a divorce based on a decree of separation, while DRL §170(6) applies to a divorce based on a written separation agreement, each requiring six months of living apart and substantial performance of the terms.

How long do we need to be separated before filing for divorce based on the separation?

Both DRL §170(5) and DRL §170(6) require the couple to have lived apart for six months or more before the separation can serve as the basis for a divorce, whether the separation was established through a decree or a written agreement. In addition to the six-month period, the spouse seeking the divorce must show substantial performance of the terms of the decree or agreement during that time. These requirements apply in addition to any other procedural steps involved in filing the case.

Do we need to formally separate before we can get divorced in New York?

No. New York does not require couples to go through a legal separation before filing for divorce. A legal separation under DRL §170(5) or DRL §170(6) is one available path to a later divorce, but New York also recognizes other divorce grounds, including several fault-based grounds and a no-fault ground, that do not require a prior separation decree or agreement. The right approach depends on the couple’s specific situation and goals.

Related Pages

• Fault-Based Divorce Lawyer Manhattan
• Contested Divorce Lawyer Manhattan
• Alimony Lawyer Manhattan
• Child Support Lawyer Manhattan
• Annulment Lawyer Manhattan

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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