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NJ Divorce/Separation Mediation

NJ Divorce/Separation Mediation

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Can Separation Occur Without a Lawyer?

February 22, 2023 By Steven B. Menack

Can Separation Occur Without a Lawyer? | Steven B. Menack NJ Divorce & Separation Mediation Services

It is possible for separation to occur without involving a lawyer. However, it is generally advisable to consult with a lawyer when going through a separation, particularly if there are complex issues involved such as child custody, property division, or support payments. This is because a lawyer can provide guidance and advice on the legal rights and responsibilities of each party, and can help to ensure that the separation is carried out in a fair and legally-sound manner.

A separation can be initiated by one party simply by informing the other party of their intention to separate. This can be done verbally or in writing, and does not necessarily require the involvement of a lawyer. However, if the parties are unable to agree on the terms of the separation, such as who will continue to live in the family home or how property and assets will be divided, then it may be necessary to seek legal advice in order to resolve these issues.

Mediation During Separation

In some cases, the parties may agree to use mediation or another form of alternative dispute resolution (ADR) to help them reach an agreement on the terms of their separation. ADR can be a less formal and less costly way of resolving disputes than going to court, and can be useful for couples who want to maintain a cordial relationship after the separation. However, it is still advisable to consult with a lawyer before entering into mediation or another form of ADR, as they can provide guidance on the legal implications of any agreement reached through these processes.

Court Desicions During Separation

If the parties are unable to reach an agreement on the terms of their separation, then they may need to go to court in order to have a judge make decisions on their behalf. This can be a time-consuming and costly process, and is generally only pursued as a last resort. In these cases, it is absolutely essential to have a lawyer represent you in court, as they will be able to provide the necessary legal expertise and advocacy to help you achieve a favorable outcome.

In summary, while it is possible for separation to occur without involving a lawyer, it is generally advisable to consult with a lawyer when going through a separation, particularly if there are complex issues involved. A lawyer can provide guidance and advice on the legal rights and responsibilities of each party, and can help to ensure that the separation is carried out in a fair and legally-sound manner.

Filed Under: Legal Separation

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Steven B. Menack Esq., APM

Steven B. Menack, Esq.

  • stevenmenack@divorcelawandmediation.com
  • 1-800-669-4694

The impartial third party, or divorce mediator, interacts closely with both parties to work out a legally binding agreement based on both parties’ needs and desires.

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