Brooklyn, NY asked in Family Law for New York

Q: is possible to file for a legal separation in NY and still live together in one apartment?

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3 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: Are you referring to filing a Summons for Separation? That is litigation and will depend on what a Judge decides or you and your spouse negotiate. A Separation Agreement can be structured to allow the parties to live together. You need to talk to a lawyer.

Tim Akpinar agrees with this answer

Nina Mironenko
Nina Mironenko
Answered
  • Huntington, NY
  • Licensed in New York

A: Yes. Most separation and divorce agreements prepared by an attorney specifically state that living together and even resuming a marital type of relationship will not invalidate the agreement. Parties can agree to pretty much anything in a valid contract.

Tim Akpinar agrees with this answer

George E. Patsis
George E. Patsis
Answered
  • Lindenhurst, NY
  • Licensed in New York

A: Yes, it is certainly possible. A separation agreement can be drafted to allow the spouses to remain in the same home. You should seek the advice of a matrimonial attorney.

Tim Akpinar agrees with this answer

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