New Jersey does not acknowledge legal separation. As stated by the New Jersey court’s website, “The court does not grant legal separations. If you are living separate and apart from your spouse, you may consider yourself as being separated.” Simply, even though legal separation isn’t acknowledged by the court, there are legally-binding documents that can be drafted agreeing to all of the same issues of a divorce. At Paris P. Eliades Law Firm, LLC, we are committed to your wishes. We are here to help you achieve your goal of a legal separation. Contact Paris P. Eliades Law Firm, LLC for a consultation today.
Why do people get a legal separation?
A legal separation is a way to formally end a relationship but continue the marriage. There are many reasons why people prefer legal separation. Some of these include:
- Financial assistance
- Medical insurance
- Taxes
- Qualifying to become a foster parent
Sometimes people prefer a legal separation because of religious beliefs. Others are just not ready to end the relationship and want to keep the door open for reconciliation. Whatever the case, a legal separation is a right choice for some people.
How can I acquire a legal separation in New Jersey?
In New Jersey, there are two main ways to acquire a legal separation. The first way to acquire a legal separation is to draft a Separation Agreement. The second main way to acquire a legal separation is to get a divorce from bed and board, which is the closest thing to divorce without actually taking that next step.
Divorce from bed and board explained
Divorce from bed and board is the closest thing to getting a divorce without making it official. This practice is utilized in the state of New Jersey most often to keep the dependent spouse medically insured. Both spouses must petition for or join in the request, so one party cannot obtain a divorce from bed and board over the other’s objection. Once granted, the judgment addresses spousal maintenance, property distribution, child support, and child custody in the same manner as an absolute divorce. Couples prefer this method, also called a “limited divorce”, because the divorce is not complete and both parties get to keep insurance and other benefits. The limitation of this method of legal separation is that the couples cannot get remarried while the judgment remains in place. Either party may later apply to convert the judgment to an absolute divorce, and that application is granted as a matter of right.
Separation Agreement explained
The Separation Agreement is the most common way to acquire a legal separation. New Jersey has no statute creating a formal legal separation status, though separation agreements are governed by contract principles and a substantial body of New Jersey matrimonial case law. A separation agreement is a legal document drafted by one or both parties in which they agree on all terms related to the marriage. Some of these will include:
- child support
- child custody
- spousal support
- distribution of assets and debt
You may use a mediator to settle any contested issues and draft the agreement. Even though parties are not required to use mediation or have counsel, these issues are complicated and could get possibly heated. Having separate counsel is recommended. A Separation Agreement becomes valid when it is in writing, signed by both parties, and notarized.
Contact an attorney committed to their clients
At Paris P. Eliades Law Firm, LLC, we understand you may wish to acquire a legal separation and will work tirelessly to achieve your goal. Our compassionate attorneys are ready to ease you through the process through mediation or collaborative law in order to protect your vision of the future. If you or your spouse are inquiring about a legal separation, our experienced Sussex County attorneys are ready to serve. Contact us today.