New Jersey courts do not generally require couples to sign a separation agreement before beginning to live apart from one another. However, many will choose to do so on their own due to the benefits offered by the document. To learn more read on and consult with a Sussex County, Sparta legal separation attorney today.
What is a Separation Agreement?
A separation agreement is a written and legally binding document used to determine the terms of a couple’s separation from one another. If the marriage is not working out for whatever reason but the pair is not sure if it is time for them to officially file for divorce, deciding to live separately from each other can be a beneficial way to decide whether or not it is worth it to work on the relationship or if it is time to end the marriage.
If they decide to separate, a separation agreement can help them hash out the details of the split including the following aspects.
- Which spouse will maintain ownership of certain assets
- Which spouse will be responsible for paying back certain debts
- Which spouse, if either, will pay alimony as well as the amount and duration
- Child custody and visitation schedules
- The amount of child support the noncustodial parent will pay
The above and more can be addressed in a separation agreement.
Do I Need a Separation Agreement in NJ?
In short, no, you do not need a separation agreement in New Jersey. There is no legal separation recognized by NJ courts, meaning to separate from your spouse you do not have to file a formal complaint with a court or request permission. You can simply decide to move out and live apart from one another.
Because separation is not recognized by the law, legal agreements are not required. However, they can offer a variety of benefits so many couples choose to draft one anyway.
Why Should I Consider a Separation Agreement?
Although it is not legally required in New Jersey, if you are separating from your spouse it may be worthwhile to consider an agreement. As established, the document can outline the division of property and debts, child custody, child support, alimony, and more.
Having the terms of the separation laid out in a legally binding document will prevent disputes and conflicts over time. If the separation was a handshake agreement then there is nothing preventing your spouse from going back on their word and refusing to pay alimony or give up an asset they told you that you could have, for example.
Separation agreements offer individuals peace of mind and prevent misunderstandings or lying later on. If you do decide to get divorced later, the document can also help expedite the process as you can build on the separation agreement to create your final divorce decree.
For more information on your legal rights and options during a separation or divorce, contact a skilled family lawyer at Paris E. Eliades Law Firm, LLC.
