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If you have a legal separation in New York. can you still live together?

Brooklyn, NY |

under the same roof

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Attorney answers 5

Posted

Yes. Of course if your separation agreement gives one person exclusive use and occupancy of the residence, you could be in violation of it. But if you agree to live together, why not.

Posted

You must live "separate and apart". Living together does not qualify as separate and apart

Douglas Shaun Kepanis

Douglas Shaun Kepanis

Posted

In order to obtain a conversion divorce, after establishing that a duly executed separation agreement is in place, it must be shown that the parties have actually lived apart, pursuant to it, for a period of one or more years. This requirement is satisfied by a showing that the parties maintained separate homes, and basically separate lives, during the requisite period.

Posted

Yes.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Posted

Yes, you can. But, if you later seek a divorce based upon living separate and apart pursuant to a separation agreement, you can run into a problem.

This has been an issue for many couples - in particular couples who are under water on their residence who stay together because they cannot sell the property. However, if the issue is addressed in the Separation Agreement, the problem is resolved.

If you rely on the no fault grounds for divorce and do not seek a divorce based upon living separate and apart pursuant to a Separation Agreement, you will have less likelihood of a problem arising.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

By far the best answer. Poster. Jean deserves a best answer for this comprehensive, but brief, analysis.

Posted

Yes.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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