Brooklyn, NY – When a couple or spouse decides that they are going to end their marriage, each spouse may start to live separately for a number of reasons. There are also some aspects of a divorce that may change depending on whether the couple has lived separately or not, and for how long. Individuals who have recently been served with divorce papers should try to get legal advice as soon as possible, in order to determine whether they should move out of the marital home or take other actions. 

Legal separations

Couples who start to live separately may want to get a legal separation before they finalize their divorce. The advantage of ending a marriage this way is that much of the disrupted items during a divorce such as property division and child custody can be handled while the couple is legally separated and living apart. The marriage will be formally dissolved at a later time once these matters have been handled through the courts or a divorce settlement. 

A couple should live apart for at least one year, then they can file using separation or other grounds as the reason for the divorce if necessary. During this year, the transition away from the marriage will be easier for insurance and taxation purposes. The couple may also start to make their own custody agreements, which will not need to be litigated in court. The more issues that a couple has already settled or agreed upon, the quicker the divorce process will go. 

Residency issues

If each member of the couple moves to a different residence, they should check for compliance with residency requirements in the jurisdiction where they lived. This is especially true if either member of the couple has moved to a different state. The residency requirement is generally a period of one year under New York law.  

Domestic violence issues

If there are serious issues with domestic violence, abuse, or other forms of criminal activity, the victim should try to move and get a protective order immediately. There are some shelters which provide services for people who need to suddenly move due to domestic violence. When the divorce case reaches the court system, domestic violence can be used as the grounds to end the marriage as well if necessary. Protective orders will formally warn the person responsible for the violence to stay away from the victim for a certain period of time, otherwise the judge can issue various punishments. 

Divorce lawyers in Brooklyn

Elliot Green Law Offices is a firm that handles divorce cases, as well as issues related to child custody, alimony, and related family law matters. People who need assistance can contact the firm to get advice that is relevant to their situation. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201


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