New Jersey Lawyers for Legal Separation

Top-Rated New Jersey Lawyers Represent Clients Who Choose Legal Separation Over Divorce

Choosing to end a marriage is never easy.  Even if your circumstances have become strained to the point where you are considering divorce, you might wish to enter into a less permanent arrangement where you and your spouse live apart.  This is what many couples mean when they talk about “legal separation”.

The decision to legally separate from your spouse is overwhelming enough in itself.  At Team Law, our experienced family law attorneys are here to help smooth the process.  We can help you understand your options and represent our interests to make sure you are protected.

It’s important to understand that legal separation isn’t something that New Jersey courts formally recognize.  You don’t have to file any kind of paperwork to legally separate from your spouse–and you don’t need permission or have to cite a reason for your decision.  Documenting your decision can be useful for a number of reasons–if only to set expectations between you and your spouse.

Our attorneys at Team Law have over 60 years’ experience representing clients’ interests across New Jersey.  To learn more about legal separation and your options for protecting your family, call us to schedule a confidential consultation today.

New Jersey Legal Separation: Protecting Your Interests Prior to Divorce

Although “legal separation” is not actually a technical legal term in New Jersey, many married couples who wish to separate without formally divorcing want to enter into some type of legal arrangement so that they’re protected.

To legally separate in New Jersey, many couples negotiate a legal separation agreement–or a settlement agreement.  That agreement can govern the relationship between the parties during the period of separation.  The agreement can cover:

• Child custody arrangements
• Parenting time and visitation
• Living arrangements
• Child support obligations
• Spousal support obligations
• Management of jointly-owned assets, property and debts

Although not necessary to formally separate, the agreement can make sure both spouses are in agreement about the terms of the separation.  Once signed, the separation agreement is a legally enforceable contract like any other.  

Further, if you do eventually decide to divorce, you can have the terms of the contract incorporated into a divorce settlement agreement by the courts.

Understanding the “Divorce from Bed and Board” Option in New Jersey

New Jersey also offers a separation option called divorce from bed and board.  Divorce from bed and board is a form of legal separation–but it is not a divorce.  You do, however, have to go before the court.  You can obtain a divorce from bed and board for any of the same reasons as a formal divorce–or simply cite differences between you and your spouse.

If you choose this option, the courts will impose a formal order governing temporary child custody, child support and spousal support measures.  If you eventually decide to divorce, the court can convert this order into a formal divorce order.  

While divorce from bed and board is not a legal divorce–and both spouses remain financially obligated with respect to joint assets and liabilities–it does have financial repercussions.  Once the temporary order is issued, any property acquired by either spouse is not treated as marital property.  You are still technically married–so if you’re receiving government benefits based upon this type of separation, they shouldn’t be impacted.  

Why Seek Legal Separation in New Jersey?

Many couples choose to legally separate because they simply aren’t ready to divorce.  Other couples may have religious beliefs that make divorce impossible.  Divorce could simply be impractical for financial reasons.

The only situation where legal separation is actually required involves a divorce based solely upon legal separation.  Since a non-contested divorce is possible under New Jersey law, this is rare–but not unheard of.   To base a divorce upon legal separation, you must be legally separated from your spouse for at least 18 months.  That means you cannot physically be living with your spouse during the 18-month period.

Regardless of your reasons for separating, legal protection is important.  Managing expectations is often critical to avoiding future conflicts.  Even if you are unable to agree, our lawyers can help with alternative forms of dispute resolution, including mediation.

Considering Legal Separation?  Call Team Law to Schedule a Confidential Consultation to Discuss Your Options 

For many couples, a legal separation is the first step toward a decision to divorce or reconcile.  We know that you are likely facing challenges at home–and your relationship with your spouse might be tense and emotional.  You don’t have to do it alone.  Our experienced family law attorneys are here to look out for your best interests.

If you’re considering legal separation, call the family law attorneys at Team Law to schedule a confidential consultation today.  You can also use our online contact form and we’ll get in touch with you.

Frequently Asked Questions About Legal Separation in New Jersey