Legal separation is an alternative to divorce which allows a couple to separate while still remaining legally married. This is a preferable option for couples who do not see divorce as an option for moral, religious, or financial reasons, or couples that believe they can still reconcile. Legal separation is easily reversible, so it is not as permanent as a divorce, but it still gives the couple a chance to decide on major issues such as division of assets and child custody while deciding if divorce is right for them. Couples seeking a legal separation in New Jersey can participate in separation mediation to agree to the terms of separation just as they would for a divorce.
See Our Comprehensive Guide to Legal Separation in NJ for More Information.
How Do You File For Legal Separation in NJ?
Legal separations are not officially outlined by any law in New Jersey, and since separating from your spouse does not require a court to be involved, an NJ separation agreement can be reached as soon as both parties agree on terms. Most separation agreements can be settled within only a few months, but will ultimately depend on both sides being on the same page in every aspect of the separation. Every part of the separation agreement must be agreed upon before it can be considered valid including custody of children, payment of obligations such as child support and alimony, and division of marital assets.
If negotiations between spouses break down during the legal separation process, filing a complaint for divorce will likely be your only option. Once a divorce action is made, the court will become involved and will ultimately reach decisions that cannot be decided on by both parties.
What Is a Separation Agreement?
A separation agreement is a written contract between spouses. Once a separation agreement is finalized, the terms outlined in the document are legally binding and will result in a legal separation. Some of the issues that can be resolved within a separation agreement include custody and parenting time for children, child support, alimony, and division of property, among other things. Separation agreements are enticing for couples because it allows them to resolve many of the issues that would be dealt with during a divorce proceeding without needing to involve the courts.
Contact Steven B. Menack Today
Separation mediation helps couples move on with their lives in a collaborative and positive manner without total dissolution of a marriage. When it comes to mediation, Mr. Menack has helped many couples reach a fair agreement together over the course of 25 years. If legal separation and separation mediation seem like the right call for you and your spouse, do not hesitate to contact us in order to find out more about the mediation process.