New Jersey Legal Separation Lawyer
Our Law Firm Can Help You Explore Your Legal Options
Instead of filing for divorce, some married couples in New Jersey choose to legally separate. However, the implications of a legal separation can be extremely complicated and sometimes even confusing.
That’s why it’s critical that you talk to a New Jersey family law attorney at Williams Law Group, LLC right away. Our New Jersey legal separation lawyers understand how the state’s legal system works when it comes to legal separations between couples. As a result, we can answer your questions and explain the implications of different legal options. Your best interests come first with us.
– Kristin B.
What is legal separation?
As the name suggests, legal separation involves a married couple formally choosing to separate and live apart. In order for a legal separation to be finalized, a married couple must appear before a judge and request a formal legal separation. However, even if a court order seeking a legal separation is accepted by a judge, the married couple seeking a separation would still be considered legally married and not divorced.
Difference between divorce and legal separation?
Divorce is sometimes a solution that is too brutal, too final, and too expensive. Before deciding to initiate such a procedure, some couples prefer to separate. If you and your spouse are considering separating, our New Jersey family lawyers can help.
We should note there are often three different types of separations among married couples:
- Trial separation – Married couple considering divorce chooses to spend time apart while deciding whether to formally end their marriage.
- Permanent separation – An alternative to divorce in which a married couple chooses to permanently live apart and does not wish to reconcile, which can make the divorce process easier at a later date.
- Legal separation – A married couple formally decides to live apart but does not formally divorce for various reasons, including religious reasons in some cases.
Does New Jersey recognize legal separation among adults?
The short answer? No. There is no legal device known as “legal separation” in New Jersey. The closest equivalent is known as a “divorce from Bed and Board.” This procedure applies only to married couples and results in a judgment terminating the obligation to live together.
Be aware that being separated without going before a judge has no legal consequence. Your marriage remains intact along with all the legal obligations therein. Legal separation, on the other hand, is pronounced in the same method and in the same manner as divorce law. If you would like to file the paperwork necessary for a legal separation, our New Jersey family law attorneys can assist you with this process.
How Do You Get Legally Separated In New Jersey?
If you wish to obtain a legal separation in New Jersey, our attorneys could help you file the necessary paperwork with the court in this regard. This paperwork essentially reflects the desire that the spouses no longer wish to live together. This marital status allows both spouses to stay married while no longer living together.
Separation ends the duty of cohabitation with your partner and allows you to live separately. However, you are not able to remarry since your existing marriage is not dissolved.
What to Expect During a Legal Separation in New Jersey
Women retain the use of their husband’s name unless the separation judgment specifically states that this is prohibited. Similarly, women can prevent their husband’s continued use of their last name if this is the case.
In contrast to divorce, legal separation leaves the spouses to resolve the issues of support and assistance. For example, child support will be paid to the spouse with the lowest income. To determine the amount, the judge will take into account the resources and needs of each spouse. It is during this time that our experience really shines. It is our job to ensure that our clients end up with a settlement that they are happy with and that all of their concerns are addressed and resolved in an efficient and effective manner.
Contact a New Jersey Legal Separation Attorney
Going through a separation can be difficult and emotionally draining. Let our New Jersey legal separation lawyers help you through this process. For more information about how we can help you in your situation, contact us and schedule an appointment today. Our law firm has two New Jersey office locations conveniently located in Short Hills and Parsippany.
Williams Law Group, LLC – here to help you through life’s legal challenges.