Legal Separation: An Alternative to Divorce

Legal separation can be an ideal option for couples who are hesitant to end their marriage due to moral, religious, or financial reasons, or those who believe they can still reconcile. Unlike a divorce, legal separation allows the couple to separate while still remaining legally married. This option is easily reversible, but it still gives the couple a chance to decide on major issues such as division of assets and child custody while deciding if divorce is right for them. At Spodek Law Group, our experienced attorneys, including Attorney Todd Spodek, have helped countless couples in New Jersey navigate the legal separation process and reach a favorable resolution.

Legal Separation in New Jersey

In New Jersey, legal separation is not referred to by that exact terminology, but married couples who are civil and agreeable are still able to enter into a legally binding separation agreement. The formal court process of legal separation in New Jersey is called “divorce from bed and board,” which is a misnomer as the couple remains legally married after the separation process. If you are unsure about your options, our attorneys at Spodek Law Group can help you understand the nuances of the law and provide legal guidance.

Making Legal Separation Easier for Your Children

Separation is a challenging and emotionally difficult situation for everyone involved, especially children. To make the separation easier on them, it is important to keep it respectful. Our attorneys at Spodek Law Group recommend avoiding destructive litigation with legal separation mediation, keeping grievances off of social media, and not confiding in your children about the divorce. It’s important to keep your children in the loop without confiding in them too much or badmouthing the other parent. Our attorneys have extensive experience in helping couples navigate separation while keeping the best interests of their children in mind.

Filing for Legal Separation in New Jersey

Legal separations are not officially outlined by any law in New Jersey, but separating from your spouse does not require a court to be involved. An NJ separation agreement can be reached as soon as both parties agree on terms, but every part of the separation agreement must be agreed upon before it can be considered valid. If negotiations between spouses break down during the legal separation process, filing a complaint for divorce will likely be your only option. At Spodek Law Group, our attorneys can provide guidance and representation throughout the entire process, including filing for legal separation or divorce.

Benefits of Legal Separation

Legal separation has several benefits that divorce cannot offer. It can help couples avoid the stress and time commitment of divorce while still allowing them to live apart and make important decisions regarding division of assets and child custody. Additionally, legal separation is often a preferable option for couples who object to divorce on religious or moral grounds. At Spodek Law Group, our attorneys understand the nuances of legal separation and can help you determine if it is the right option for you.

Child Custody During Separation

When married parents separate, it’s essential to address child custody early and thoroughly. At Spodek Law Group, our attorneys can help you create a customized parenting plan that provides stability and structure during separation. Separation parenting plans are temporary, lasting until parents choose to either reconcile or divorce. If you decide to divorce, the plan you create during separation lays the groundwork for the parenting plan you’ll eventually need for your final custody orders.

Professional Legal Assistance

Navigating the legal separation process can be challenging, but the attorneys at Spodek Law Group have extensive experience in handling all aspects of legal separation and divorce proceedings. We have a deep understanding of the law and are committed to providing professional and compassionate guidance to our clients.

Eligibility for Naturalization Based on Marriage

If you applied for naturalization based on marriage but are now separated from your U.S. Citizen spouse, your eligibility for naturalization may be impacted. While an informal separation may not impact your eligibility, if you are legally separated or no longer living in a marital union with your spouse, you may not be eligible for naturalization based on three years of residency in the United States. At Spodek Law Group, our attorneys can provide guidance on your eligibility for naturalization and help you understand the impact of legal separation on your immigration status.

Legal Separation and Child Support

During a legal separation, child support is handled in the same way as it would be in a divorce. A court will determine the amount of child support to be paid based on factors such as the income of both parents and the needs of the child. Child support is considered a court-ordered obligation, and failure to pay can result in enforcement actions such as wage garnishment or a contempt of court citation. At Spodek Law Group, our attorneys can help you understand your obligations regarding child support and provide representation in court if necessary.

Experienced Legal Representation for Your Legal Separation

At Spodek Law Group, we understand that legal separation can be a difficult and emotional process. Our experienced attorneys, including Attorney Todd Spodek, have a deep understanding of the law and can provide professional and compassionate guidance to help you reach a favorable resolution. We will work tirelessly to protect your rights and ensure that your interests are represented throughout the legal separation process. Contact us today to schedule a consultation and take the first step towards a successful legal separation.