Prior to October 2010, separating in New York was the only option for couples seeking divorce without having to claim a fault ground of divorce.
A separation agreement details necessary marital issues like property division, spousal maintenance, child custody, and related financial concerns. After separation of a year or more, the agreement converts into a quickly resolved divorce action.
Since 2010, irretrievable breakdown has become the primary ground for those seeking a no-fault divorce. Although it does require a statement of the irreparable nature of the marriage relationship and resolution of the same marital issues, divorce is faster than separation in uncontested cases.
But my practice still serves couples interested in separation but not divorce—at least not right now. While these marriages have broken down in the same way as those seeking outright divorce, there are reasons some couples choose to remain married, including:
Often, avoiding the emotional backlash of divorce, separation is a good route for couples not quite ready to call it quits.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…