Understanding Spousal Separation In New Jersey
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. At The Law Office of Toby Grabelle, LLC, we can explain your options for legal separation and help you achieve your goals.
If you are seeking the equivalent of a legal separation in New Jersey, please complete our contact form or call us in Red Bank at 732-582-5061. We can help.
Is Legal Separation Right For You?
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
- 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 Get Legally Separated 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: This 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 the division of marital property and the custody of minor children.
- A divorce from bed and board: A divorce from bed and board is a somewhat outdated practice from the times when a divorce had a social stigma.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.
Trusted Guidance For All Of Your Family Law Needs
Over the past 35 years, we have earned an esteemed reputation for excellence in matters of family law and divorce. The Law Office of Toby Grabelle, LLC, can guide you through the process of separation. If you are interested in getting a legal separation, need an attorney to draft a separation agreement, or have any other family law need, please complete our contact form or call us in Red Bank at 732-582-5061. We advise and represent clients throughout the greater New Jersey area.