| New York is widely known as a state with domestic | | | | for the plaintiff to cohabit with the defendant. |
| relations laws that are complex, confusing, and | | | | - Abandonment of the plaintiff by the defendant. |
| anachronistic. This article will seek to clarify the | | | | - The neglect or refusal of the defendant-spouse to |
| considerable confusion that exists regarding the | | | | provide for the support of the plaintiff-spouse where |
| meaning of the term "legal separation" and the | | | | the defendant-spouse is chargeable with such |
| distinction between separation agreements and | | | | support. |
| separation decrees. | | | | - The commission of an act of adultery by the |
| The term "separation" used to describe both | | | | defendant; except where such offense is committed |
| separation agreements and separation decrees. | | | | by the procurement or with the connivance of the |
| Despite the identical terminology, they are different | | | | plaintiff or where there is voluntary cohabitation of |
| mechanisms. Concisely stated, the distinction is as | | | | the parties with the knowledge of the offense or |
| follows: Separation Agreements are contracts which | | | | where action was not commenced within five years |
| may be entered into by any married couple to | | | | after the discovery by the plaintiff of the offense |
| memorialize their intention to live apart from one | | | | charged or where the plaintiff has also been guilty of |
| another and their agreement regarding financial issues, | | | | adultery |
| whereas separation proceedings are lawsuits, which | | | | - The confinement of the defendant in prison for a |
| must be based on one of the grounds enumerated in | | | | period of three or more consecutive years after the |
| the NY Domestic Relations Law ("DRL") § 200. | | | | marriage of plaintiff and defendant. |
| An action for legal separation is commenced by filing | | | | In contrast, no "grounds" are required to enter into a |
| a summons and complaint in the Supreme Court, | | | | valid separation agreement. Further, although |
| which is the New York court with jurisdiction to | | | | separation agreements may (and frequently are) filed |
| adjudicate matrimonial matters. As with divorce, an | | | | with the Supreme Court, such filing is not essential |
| action for legal separation should be commenced in | | | | one of the parties seeks to commence a New York |
| the New York county in which either you or your | | | | divorce action based on the separation agreement. If |
| spouse resides. The legal grounds that a plaintiff must | | | | the parties reside separately and apart from each |
| establish to get judgment of separation under New | | | | other for a period of at least one year following the |
| York law are set forth in DRL § 200, and they are | | | | execution of the Separation Agreement, they may |
| summarized as follows: | | | | be able to obtain a "conversion divorce" under New |
| - The cruel and inhuman treatment of the plaintiff by | | | | York's DRL § 170 (6). Regardless of whether the |
| the defendant such that the conduct of the | | | | parties live separately and apart from each other, |
| defendant so endangers the physical or mental well | | | | their agreement may be enforced pursuant to § |
| being of the plaintiff as renders it unsafe or improper | | | | DRL 236 B(3). |