The Benefits of Legal Separation in New Jersey: Safeguard Your Family and Future

If you’re facing the difficult decision of whether to file for divorce, legal separation, or dissolution of a domestic partnership, you’re not alone. Choosing the right next step can be overwhelming, particularly if you’re not sure what each option entails. At Spodek Law Group, we understand the challenges you’re facing, and we’re here to help you make an informed decision about what’s best for you and your family.

Legal Separation Versus Divorce in New Jersey

When it comes to legal separation in New Jersey, there’s often confusion as to how it differs from divorce. It’s essential to understand that New Jersey courts do not formally recognize legal separation in the same way they recognize divorce. Instead, couples can choose to separate on their own without filing a Complaint with the family court.

While the legal separation process in New Jersey does not require court involvement, it’s critical to create a separation agreement to address practical issues that arise during your time apart. The agreement is a written contract that typically includes critical issues like child custody, parenting time, child support, temporary alimony, how household bills will be shared during the separation, management of joint assets and debts, and other divorce-related issues.

If you and your spouse can agree on the terms of the separation agreement, you don’t have to go to court. Once the document is signed and notarized, the terms are binding. But if you and your spouse can’t agree on the terms, you can go to court and ask a judge to establish temporary support, custody, and other temporary orders to address other separation issues.

Is Separation the Right Choice for You?

For couples who need time apart but still want to leave the door open for possible reconciliation, legal separation may be a viable option. Please note that you and your spouse don’t need to live in separate residences for the agreement to be valid. For economic or family reasons, many spouses decide to remain under one roof during the separation.

At Spodek Law Group, our legal separation lawyers understand the intricacies of separation in New Jersey and can help answer your questions and clarify your next steps. Our initial consultation can help you navigate the legalities of separation, ensuring that your rights, children, and future will be safeguarded.

Protecting Your Family and Future

While separation may be exactly what you and your partner need to take a break and seek a marriage counselor, it’s important not to neglect the protection of your children and financial assets. When you and your spouse agree to live apart, it can be a challenging time for your family. In addition to finding a new home, you’ll need to consider child support, child custody, and parenting/visitation time issues. How will you share parenting responsibilities? How will you meet all of your children’s needs—both emotionally and financially?

According to a recent article in Statista, in 2021, the divorce rate in the United States was 2.7 per 1,000 population. While divorce is a common occurrence, it doesn’t make the decision any less challenging. That’s why we’re here to help you weigh your options and guide you through the process of legal separation.

Deciding whether to pursue a legal separation or divorce is never easy, but it’s essential to safeguard your family and future. Our team at Spodek Law Group is here to help. Whether you’re considering legal separation or divorce, our legal experts can provide the support you need to make an informed decision. Call us now for an initial consultation to discuss your specific situation and review all of your legal options.

Why Do You Need a Separation Agreement?

In New Jersey, the concept of legal separation does not exist formally. However, during separation, you and your spouse are still married and legally bound to each other regarding certain financial and family matters, such as the repayment of jointly held debt and the care and support of any children you have together.

It’s essential to make decisions about how to handle joint accounts, joint debts, alimony, child support, and child custody during your separation. Creating a written separation agreement that outlines how matters can be fairly handled until you decide to reconcile or divorce is critical.

The importance of working with a family law attorney to assist you through this process cannot be overstated. A qualified attorney can help ensure that your rights, children, and future are safeguarded during this difficult time.

What Does a Separation Agreement Address?

Separation agreements typically specify temporary child support, child custody, and alimony, as well as how you and your spouse will handle payment of the mortgage, rent, and other household bills during the separation period. The agreement can also include language preventing either spouse from selling a marital asset or incurring additional joint debt during the separation. To be valid, a separation agreement must be in writing, signed by both parties, and notarized.

What if Your Spouse Refuses to Sign the Separation Agreement?

If your spouse is uncooperative in reaching a separation agreement, refuses to provide support payments, or cuts off communication and refuses child visitation, you can file a Complaint with the Superior Court of New Jersey seeking child custody, child support, or visitation (and sometimes all three) without filing for divorce.

What is “Divorce from Bed and Board?”

Another legal remedy available to separated couples is “divorce from bed and board.” This legal court order can resolve issues of child support, alimony, property distribution, and more without the need to obtain a formal divorce decree. Divorce from bed and board is typically sought due to religious beliefs about divorce.

Conclusion

When facing separation, you need the support and guidance of a qualified attorney who can help you navigate the legal complexities of separation in New Jersey. At Spodek Law Group, we’re here to listen, answer your questions, and guide you through every step of the process. Whether you need help negotiating a separation agreement or you’re facing a dispute with your spouse, we’re here to help. Call us now for an initial consultation, and let us help you safeguard your family and future.