Divorce & Separation

Talk About Your Options With an Experienced Attorney

Conflict in a marriage can be one of the most difficult things a person faces. At Ostertag O'Leary Barrett & Faulkner, we not only serve as competent and skillful attorneys but also strive to serve as calm and caring guides through the legal system. Attorneys at our Poughkeepsie law firm assist clients considering divorce or separation. We also help them learn about their options and identify the legal strategies that are best for them.

Separation Under New York State Law

New York State is the only state in the nation that does not permit no-fault divorce, that is, divorce based upon incompatibility or irreconcilable differences. At Ostertag O'Leary Barrett & Faulkner, we understand that marriages deteriorate for many subtle reasons — not just for "at fault" reasons like adultery, abandonment or abuse. Sometimes couples just grow apart. If they do, and if they wish to avoid placing blame where it does not belong, they may consider entering into a separation agreement.

Separation agreements are complex documents that deal with all the issues related to the demise of a marriage. They address child custody, division of property and support matters. Couples enter into this agreement and live apart. After a minimum of one year has passed, a divorce may be granted on the ground that the couple has been living separately.

Separation agreements should not be confused with postnuptial agreements. These agreements serve as a condition to remaining married, where couples lay out their respective rights and responsibilities.

Contact Us With Your Divorce Questions

While many couples reach a turning point in their marriages that often leads to divorce, couples may have other legal options. To speak with a lawyer about your options, contact Ostertag O'Leary Barrett & Faulkner by calling 845-206-4592 or toll-free at 1-866-605-0107. You may also complete our online form.