Legal separation is an option for a spouse to consider instead of seeking an immediate divorce. A common misconception is that a legal separation is simply when parties are physically separated. A legal separation is either by a written agreement of the parties or an Order of Separation from a Supreme Court. A legal separation agreement is a binding contract that will include all of the same terms and conditions needed in a divorce agreement, including custody, visitation, support, and property distribution. A legal separation may become the basis for a conversion divorce after one year by either party. Both spouses must agree to live separate and apart. Some parties feel it is in their best interest to stay legally married under a legal separation. Contact one of the divorce attorneys in Nassau County and Suffolk County at the Law Office of Robert H. Montefusco, P.C. to determine if a legal separation is right for you.