What alternatives does NJ offer to legal separation?
A common misconception that many people have is that they can simply become legal separation in New Jersey. However, New Jersey does not offer an option to become legally separated. There are a number of possible alternatives that work similarly to obtaining a legal separation. There are many reasons that people would want to go this route as opposed to obtaining a divorce. Some people may have religious reasons for wishing to remain legally married and others may want to reap the benefits of their spouse’s health insurance or financial assistance. In addition, a legal separation leaves the door open for the couple to consider reconciliation down the road.
One alternative to legal separation that achieves a similar goal is to obtain a separation agreement. In New Jersey, there aren’t any guidelines or laws that accompany a separation agreement but you may want to work with an attorney to make sure you aren’t getting the short end of the stick. You can make decisions regarding child support, child custody, equitable distribution of assets and liabilities, or spousal support. If you create a written separation agreement, both parties must sign it and have it notarized. The other option is known as a divorce from bed and board, or a “limited divorce.” This is a beneficial option for those who don’t plan on ever getting remarried and wish to keep their insurance benefits.
If you have questions about your options about dissolving your marriage while avoiding divorce, contact an experienced divorce and family law attorney today.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.