Legal Separation

Red Bank Legal Separation Attorney

shutterstock_148390613Legal Separation Attorney in Monmouth County, NJ

New Jersey has no application, supporting documents, or legislation related to legal separation. According to the New Jersey court 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.” Even though the state does not acknowledge legal separations in the court, there are legally-binding documents and proceedings that can establish the same goal as legal separation. The Law Office of Toby Grabelle, LLC is committed to the wishes of our clients and will work tirelessly to see your vision come to fruition. If you need a legal separation, contact the firm to guide you through your options and help you achieve your goals.  

Why do people choose a legal separation?

A legal separation might be the right choice for people who want to dissolve a relationship but legally continue the marriage. There are many reasons why someone would prefer this structure instead of a divorce. Some reasons include:

  • Medical insurance
  • Financial assistance
  • Taxes
  • Foster parent qualification

In some cases, people prefer a legal separation because of religious beliefs. Others are just not ready to end the marriage and want to keep the opportunity open for reconciliation. A legal separation is a correct choice for some people. Since New Jersey does not support legal separation, you may need to know the alternatives that are available to you.  

Two ways to acquire a legal separation in New Jersey

There are two ways people mainly acquire a legal separation in the state. The first way is to draft a durable Separation Agreement. The second way to acquire a legal separation is to get a limited divorce, also known as a divorce from bed and board.  

A Separation Agreement

A Separation Agreement is the most common way for a couple to acquire a legal separation. New Jersey does not have any supporting documents, guidelines, or laws to help people with a Separation Agreement. It is a legal document drafted by one party or collaborated through attorneys that establish the terms of the separation. Like a divorce, a Separation Agreement should address applicable issues, including:

  • Child support
  • Child custody
  • Spousal support
  • Division of assets

The involved parties may use alternative dispute resolution methods to settle contested issues and draft the Separation Agreement. A Separation Agreement must be in writing, signed by both parties, and notarized to become a valid, legally binding document.

A divorce from bed and board

A divorce from bed and board is a somewhat outdated practice from the times when a divorce had a social stigma. In these cases, the court will pass judgment on alimony, division of assets, child support, and child custody. Also called a “limited divorce”, the method might be preferred by couples because the divorce is not complete and parties get to keep insurance and other benefits of marriage. A limited divorce is for people who don’t intend on ever marrying again and don’t care if a judge decides on the major issues of a divorce.

A Monmouth County firm committed to clients

The Law Office of Toby Grabelle, LLC celebrates an esteemed reputation for excellence through its service to New Jersey clients for the past 35 years. Toby Grabelle, Esq. is committed to the wishes of her clients and will guide them through the process of a legal separation. If you are interested in acquiring a legal separation, need an attorney to draft a Separation Agreement, or need counsel for the process, contact The Law Office of Toby Grabelle, LLC for a consultation.