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 Short Hills family lawyers can help.
The procedure for separation 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 Short Hills lawyers can assist you every step of the way.
If you wish to obtain a legal separation in Short Hills, 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.
The 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.
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.
Going through a separation can be difficult and emotionally draining. Let our Short Hills legal separation lawyers help you through this process. For more information about how we could help you in your situation, call today.