Legal Separation Lawyer Brooklyn

Not every Brooklyn spouse who wants to live apart is ready to file for divorce, and New York law recognizes that reality by giving separated spouses a formal legal path that stops short of ending the marriage. A legal separation, whether formalized through a written agreement or a court decree, addresses many of the same issues a divorce does, and it can also serve as a stepping stone toward divorce later on. Law Offices Of SRIS, P.C. represents Brooklyn spouses negotiating separation agreements and pursuing or responding to separation-based proceedings.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is individually admitted to practice law in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and the firm’s Of Counsel attorneys assist Brooklyn clients with legal separation matters alongside him. Because a separation agreement can later support a divorce filing if the parties choose to proceed, the firm drafts these agreements with an eye toward both their immediate purpose and their potential future use. The firm does not offer free consultations; a consultation can be scheduled by calling the firm. The firm’s intake line is staffed 24/7 at (888) 437-7747.

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What Legal Separation Means in Brooklyn

New York law connects legal separation directly to two of the grounds for divorce set out in N.Y. Dom. Rel. Law § 170. Subdivision (5) allows a divorce where the spouses have lived apart for six months or more pursuant to a decree or judgment of separation, provided the plaintiff can prove substantial performance of the decree’s terms. Subdivision (6) allows a divorce on the same living-apart basis where the separation instead rests on a written, acknowledged separation agreement, or a memorandum of that agreement filed as the statute requires, again with proof of substantial performance.

In practice, this means a legal separation in New York can take one of two forms: a formal separation decree or judgment obtained through the court, or a written separation agreement the spouses negotiate and sign without necessarily filing a court action. Both paths typically address the same core issues a divorce would, including custody, support, and division of property, but leave the marriage itself intact. After six months of living apart under either arrangement, with proof that its terms have been substantially followed, either spouse can use that separation as the basis for a later divorce under DRL § 170(5) or (6), without needing to prove one of the other fault grounds.

Brooklyn spouses considering separation should understand that the choice between a negotiated agreement and a court decree affects both the process for getting there and the options available later. A well-drafted separation agreement addresses the same substantive issues a court would in a decree, and because it may later support a divorce filing, its terms deserve the same careful attention a divorce settlement would receive.

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

When a Brooklyn client is considering legal separation, Mr. Sris and the firm’s Of Counsel attorneys first discuss whether a negotiated written separation agreement or a court-ordered separation decree better fits the client’s circumstances and goals, since DRL § 170(5) and (6) treat these two paths somewhat differently for purposes of a later divorce.

Where the client is negotiating a separation agreement, the firm works to address custody, support, and property issues with the same care a divorce settlement would receive, since the agreement may later support a divorce filing under subdivision (6) if the parties live apart under its terms for six months or more with substantial performance. Where a court decree is the appropriate path, the firm prepares and presents the case to Kings County Supreme Court.

Mr. Sris and the firm’s Of Counsel attorneys also advise clients on what “substantial performance” of a separation agreement or decree generally requires, since that showing becomes relevant if the client later seeks a divorce on the separation-based ground. The firm coordinates the drafting, negotiation, and, where needed, court proceedings involved in reaching a legal separation.

Throughout the matter, the firm explains how the separation path the client chooses may affect a later divorce filing, without promising that either party will ultimately pursue divorce, since many separated Brooklyn couples resolve their situation through the separation agreement itself without ever returning to court for a divorce.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and has served as Owner and Founder since. His background as a former prosecutor and his accounting and information systems background from George Mason University both support the careful drafting a separation agreement requires. He is individually admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York, which includes the Brooklyn separation matters the firm handles.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and assist Mr. Sris on Brooklyn legal separation matters. The firm’s principal office is in Fairfax, Virginia, and Brooklyn clients are served by appointment. The firm does not offer free consultations; call (888) 437-7747 to schedule a consultation, and the intake line is staffed 24/7.

Frequently Asked Questions

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

A separation agreement under DRL § 170(6) is a written, acknowledged agreement the spouses negotiate and sign, while a separation decree under DRL § 170(5) is a court-ordered judgment of separation. Both can later support a divorce filing after six months of living apart with proof of substantial performance.

Does a legal separation end my marriage?

No. A legal separation, whether by agreement or decree, does not end the marriage; it formalizes the terms under which the spouses live apart. The marriage continues until a divorce judgment is entered.

Can I use a separation agreement to later get a divorce?

Yes. Under DRL § 170(6), living apart for six months or more pursuant to a written, acknowledged separation agreement, with proof of substantial performance of its terms, is itself a ground for divorce.

What issues does a separation agreement typically address?

A separation agreement generally addresses the same core issues a divorce settlement would, including custody, child support, spousal maintenance, and division of property, even though the marriage itself remains intact.

What does “substantial performance” mean for a separation agreement or decree?

It generally refers to the parties having actually followed the terms of their separation agreement or decree during the required six-month period, which is the proof DRL § 170(5) and (6) require before that separation can support a later divorce.

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.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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