Is there such a thing as a legal separation in New Jersey? People assume that there is a concept called legal separation in New Jersey. We really don’t have legal separation in New Jersey. Can you resolve all of the issues in your marriage and not get divorced? Sure. Could that be considered a legal separation? I guess.

Basically, all that you’ve done is you’ve solved all of the problems you’ve addressed, custody parenting time, child support, alimony, if any, and you’ve done all of the equitable distribution that’s necessary. You’ve signed an agreement which controls how you live from that point forward, but you haven’t taken that final, formal step of going to court and getting divorced. That’s the only thing that I would characterize as a legal separation, but it’s not a concept that we call legal separation in New Jersey.

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