Choosing whether to file for divorce, legal separation, or dissolve a domestic partnership is a tough decision. On top of that, you have to navigate the options of divorce, separation, or even reconciliation. It can all be overwhelming. But don’t worry, we understand the confusion and we’re here to help. Let’s talk or read on to learn more about legal separation in New Jersey.
Understanding the Differences
Legal separation and divorce often cause considerable confusion. It’s important to know that legal separation is not officially recognized by the courts in New Jersey in the same way as divorce.
Legal Separation vs. Divorce
Unlike divorce, there is no need to file a Complaint with the family court to legally separate from your spouse in New Jersey. You and your spouse can simply decide to separate without a judge’s permission.
However, during your time apart, it’s important to address practical matters by creating a separation agreement. This is a written contract that remains in effect until you reconcile or finalize the divorce. The separation agreement usually covers child custody, parenting time, child support, temporary alimony, sharing household bills, managing joint assets and debts, and other related issues.
If you and your spouse can agree on the terms of the separation agreement, you don’t need to go to court. Once the document is signed and notarized, the terms become binding.
If you can’t agree on the terms, you can go to court and ask a judge to establish temporary support, custody, and other necessary orders during the separation.
Is Separation the Right Choice?
Legal separation in New Jersey may be a suitable option for couples who need time apart but still want to leave the possibility of reconciling their relationship open. Keep in mind that you don’t necessarily have to live in separate residences for the separation agreement to be valid. Many couples choose to remain under one roof due to economic or family reasons.
Protecting Your Family and Financial Assets
While a break and seeing a marriage counselor can be beneficial, it’s crucial not to neglect the welfare of your children and your financial assets during this time. Adjusting to living apart can be challenging for your family. Creating a new home and managing two separate households with the same income can be a financial strain. If you have children, you’ll need to address child support, custody, visitation time, and shared parenting responsibilities. It’s important to meet your children’s needs both emotionally and financially.
Seeking Legal Advice
The legal separation process in New Jersey can be complex, and you may have several questions about your next steps. At Garrity Traina, we have experienced legal separation lawyers who can provide the guidance you need. We offer an initial consultation to discuss your specific situation and explore all your legal options.
We understand that your priority is to protect your family and secure your future. Our consultations help clients gain clarity and confidence in their decisions. Whether reconciliation is on the horizon or you need legal solutions to safeguard your future, we are here to assist you every step of the way.
Visit Garrity Traina to learn more about legal separation in New Jersey.
Remember, making these decisions can be challenging, but you don’t have to face them alone. Contact us today to schedule your consultation.
Call now: (888) 888-0919