Staten Island Legal Separation Lawyers

Legal Separation in Staten Island: A Stepping Stone to Divorce

No one in Staten Island is legally permitted to file for divorce without first expressing specific grounds. The State of New York offers several options in terms of legal grounds for divorce, and you have options for filing. The law does not require any couple or individual seeking divorce to retain the assistance of a legal separation attorney prior to their divorce, but it’s recommended when legal separation is the first step in the divorce process.

What is legal separation and does it mean we’re getting divorced?

Legal separation is not divorce. It’s not even required by law, but it is often a stepping stone to divorce in some households. Many couples facing marital issues decide separation might help them decide whether their marriage is worth saving or if divorce is the next obvious step. It’s perfectly legal to separate without hiring an attorney to create a legal separation document, but it’s not recommended.

When you decide to go through with a legal separation, you protect yourself and make a future divorce simpler. If you’re legally separated for six months or longer, you can file for divorce on those grounds without any issue. If you are legally separated, your spouse is required to follow through on any financial, parental, and other promises made when he or she leaves the home.

It’s a good idea for everyone to legally separate so the personal details of the separation are legally enforceable. For example, if a stay-at-home mom of three has a husband who works to provide for the family, she might like to have a legal separation contract drawn up to ensure her husband will continue to pay the mortgage and offer financial support to her and their kids as he did when they lived together. He might promise to do just that without any legal implications, but it’s only enforceable in court when there is a legal document presented.

Spodek Law Group, P.C. - NYC Criminal Attorneys

5.0

Based on 745 reviews

George Fernandez

14:16 30 Apr 24

Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.

Raj

21:33 24 Apr 24

If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!

Yelva Saint-Preux

19:26 19 Apr 24

I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.

Katherine Sun

18:08 18 Apr 24

my lawyer is Alex Zhik. Efficient, patient and professional

Nun ya

17:48 18 Apr 24

Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.

Keisha Parris

20:45 15 Mar 24

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

16:26 15 Mar 24

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!

K Mar

01:37 25 Jan 24

I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Agreement is Required

If you intend to go through with a legal separation, there must be complete agreement between both parties on the agreement of the separation. It doesn’t matter if you’re only separating so you can start over in your relationship or so you can try living apart to see if it’s the way you want to go in the future. You must both agree to the terms, and there cannot be any discrepancy in the agreement.

This agreement is best discussed personally with you and your spouse and presented to an attorney or two. If your spouse feels he or she would like his or her own attorney during this process, that is a good idea. It’s always wise to have legal counsel who works only for you rather than with both of you as you come to an agreement. Mediation is available to help you come to an agreement with your legal separation issues as well.

Contact an Attorney

You can create your own separation agreement if you decide to separate, but it’s not considered legal. You can sign it, get a notary, and agree upon it but if one of you decides not to follow through with the terms of the agreement, it’s much harder to enforce the order in court without it being a legal document. It can be argued, but you’re far better off with the legal assistance of an attorney who is willing to make this official. Call an attorney to begin the process of legal separation. Doing it by the books is always easier when and if things go wrong.

Benefits of Legal Separation

Legal separation has many benefits that couples should consider when deciding whether to pursue it. Some of these benefits include:

• Time to Reflect and Reevaluate: Legal separation provides an opportunity for couples to take a step back from their relationship and reflect on what they want from it. It can also give them time to reevaluate their priorities and goals, both individually and as a couple.
• Avoiding the Divorce Process: Legal separation can be an alternative to divorce. It allows couples to live separately but still remain legally married. This can be beneficial for couples who do not wish to get divorced for religious or personal reasons.
• Child Custody and Support: Legal separation can help parents determine child custody and support arrangements, which can be beneficial for the well-being of the children involved. It allows parents to establish a schedule and determine financial obligations, ensuring that the children’s needs are met.
• Protecting Assets: Legal separation can help protect each spouse’s assets by establishing property division and financial obligations. This can be especially important if one spouse has significantly more assets than the other.
• Access to Benefits: Legal separation can allow one spouse to continue receiving certain benefits, such as health insurance or social security, that they may have otherwise lost if they had gotten divorced.

Disadvantages of Legal Separation

While legal separation can be a beneficial tool for some couples, it is not without its disadvantages. Some of these disadvantages include:

• Lack of Finality: Legal separation does not provide the same finality as divorce. Couples who are legally separated but still married may find it difficult to move on emotionally and start new relationships.
• Financial Obligations: Legal separation requires both parties to continue to fulfill financial obligations to each other, which can be a strain on finances. This includes spousal support and child support payments, which can be significant.
• No Right to Remarry: Couples who are legally separated but still married are not allowed to remarry until they get divorced. This can be frustrating for couples who have decided to move on and start new relationships.
• No Division of Retirement Assets: Retirement assets are not divided during legal separation, which can cause financial difficulties for one or both parties in the future.
• Emotional Strain: Legal separation can be emotionally taxing for both parties involved. It can be difficult to live apart from a spouse, especially if children are involved.

Counterarguments Against Legal Separation

While legal separation can be a beneficial tool for some couples, there are those who argue against it. Some common counterarguments include:

• No Legal Protection: Some argue that legal separation does not provide enough legal protection for either party. This is because legal separation does not provide the same finality as divorce, and couples who are legally separated but still married may find it difficult to move on emotionally and start new relationships.
• Financial Strain: Legal separation requires both parties to continue to fulfill financial obligations to each other, which can be a significant strain on finances. This includes spousal support and child support payments, which can be costly.
• No Division of Retirement Assets: Retirement assets are not divided during legal separation, which can cause financial difficulties for one or both parties in the future.
• Emotional Strain: Legal separation can be emotionally taxing for both parties involved. It can be difficult to live apart from a spouse, especially if children are involved.
• No Right to Remarry: Couples who are legally separated but still married are not allowed to remarry until they get divorced. This can be frustrating for couples who have decided to move on and start new relationships.

At Spodek Law Group, we understand how difficult it can be to go through a legal separation. That’s why we recommend contacting an attorney who can guide you through the process and ensure that your rights are protected. Doing it by the books is always easier when and if things go wrong. Don’t hesitate to call us to begin the process of legal separation.