Legal Separation

In certain situations, a couple may wish to live apart but not want to terminate their marriage. In New York, this can be achieved through a legal separation. Separation is a court-approved agreement between spouses that outlines how marital assets and responsibilities will be divided without having to dissolve the marriage. If you and your spouse have a broken relationship but aren't ready or willing to divorce, Bryn offers skilled representation to protect your rights and those of your children in a separation agreement. She assist clients in the Syracuse area and throughout New York seeking an alternative to divorce.

Considering separation versus divorce

While separation and divorce are similar in some ways, the marriage is not ended in a legal separation. For some couples, this is the best option for their situation. Reasons to choose a separation over a dissolution of marriage include:

  • Personal or religious beliefs
  • Children
  • Financial concerns
  • Medical benefits
  • Chance for reconciliation

Choosing between a legal separation and a divorce can be a difficult decision, but Bryn offers knowledgeable advice and advocacy to her clients so they can make the right choices for their individual circumstances.

To ensure that your rights, assets and children are protected when you separate, Bryn drafts comprehensive agreements that may cover a range of relevant issues:

  • Asset and property division — Dividing the marital property can be an emotional and complicated process. In some states, there is the additional step of determining which property is community property and which property is separate. A knowledgeable attorney can make this process easier.
  • Payment of marital debts — Many couples owe money on their home, their cars or credit cards. Bryn helps apportion these debts as well as medical debts and other loans.
  • Spousal support — A breakup shouldn't unfairly disadvantage spouses who decide to separate. Depending on the financial circumstances of each spouse, support may be negotiated or ordered by a judge.
  • Child custody — Determining where children should live, who should make decisions about their lives and when relatives can visit them is often an emotionally fraught process. Bryn will work to reduce the conflict surrounding these issues and come to an agreement that is best for the children.
  • Child support — Both parents are expected to contribute to the costs of raising their children. This often means that the higher-earning (and often noncustodial) parent must make payments to the other to care for children. Whether you and your child's other parent can reach an agreement on support or the court makes that determination, Bryn will help you to secure payments that are fair and beneficial to children.

As an experienced family lawyer, Bryn understands the difficulties of ending a relationship, especially when children are involved. If you are choosing to separate rather than divorce, Bryn can guide you through the process while providing the advice and advocacy you deserve.

If you wish to pursue a legal separation in New York, the Bryn can provide the guidance you need. Call 315-760-4519 or contact her online to schedule a consultation in person in her Syracuse office or by videoconference.