Unlike divorce, it is not necessary to file a complaint with the family court to legally separate from your spouse. You and your spouse can simply separate and do not need judicial authorization to do so. However, during your separation, it is important to understand that you and your spouse are still married and therefore legally bound when it comes to certain financial and family matters, such as paying off joint debts and caring for and having children you have together. The term “legal separation” is not used in New Jersey law as in other states. This creates some confusion for couples in New Jersey as to whether separation is a valid option or not. Even if this exact terminology is not used in this state, married couples who are civil and pleasant can still enter into a legally binding separation agreement. Also known as limited divorce, the bed and board divorce is the official name for the legal separation process in New Jersey. This is a bit misleading because the couple is still legally married after this separation process. A separation agreement is a written contract between the spouses. Once a separation agreement is reached, the conditions set out in the document are legally binding and result in a legal separation. Some of the issues that can be resolved under a separation agreement include child custody and parental leave, child support, child support, and division of property, among others.
Separation agreements are tempting for couples because they allow them to resolve many of the issues that would be dealt with in divorce proceedings without having to go to court. A separation agreement is a contract between you and your spouse. You remain legally married and do not have to go through court or file documents. These agreements are less financially burdensome than a divorce and often easier to achieve if both parties can work together. In New Jersey, unlike other states, the concept of “legal separation” does not technically exist. In practice, this means that you and your spouse are free to declare themselves separately without having to go to court. Another remedy available to separated couples is called “legal and pension divorce.” This court order can resolve issues of alimony, alimony, division of property and more without the need for a formal divorce decree. Legal divorce is usually requested on the basis of religious beliefs about divorce. Legal separation is an alternative to divorce. It allows couples to live apart without legally ending their marriage through the divorce process.
Couples should remember that even after a bed and board divorce, they are still legally married. Therefore, if the spouses reconcile in the future, the judgment can be revoked and the effect is as if the legal divorce had never taken place. Similarly, either party can obtain an absolute divorce by filing a formal petition for one. Parties cannot remarry someone if they only divorce bed and board – otherwise they commit bigamy. In most states, legal separation is done through the court. Couples ask the court to recognize that they are separated through a formal process. You don`t need to be separated from your spouse to file for divorce in New Jersey unless you want to base your divorce on the fact that you`re separated. If this is the case, you must live separately and separately for at least 18 months before you can file a return and you must file an application on the basis of separation.
If you don`t want to wait until the 18 months have passed, you can file for divorce based on irreconcilable differences that don`t require the 18-month separation. Legal separation is an alternative to divorce that allows a couple to separate while remaining legally married. It is a preferred option for couples who do not consider divorce as an option for moral, religious or financial reasons, or couples who believe they can still reconcile. Legal separation is easily reversed, so it`s not as permanent as a divorce, but it still gives the couple the opportunity to decide on important issues such as division of property and custody while deciding whether a divorce is right for them. Couples seeking legal separation in New Jersey can participate in separation mediation to agree on the terms of separation, just as they would with a divorce. Yes. First, if one of the spouses dies and the other party has disinherited in his or her will, the spouse does not have the right to bring actions against that succession. The New Jersey courts ruled that all equitable distribution issues were raised at the time of the room and pension divorce petition. For this purpose, if a spouse wins the lottery or receives another type of financial fluke, his or her spouse would not be entitled to a single penny.
For more information on divorce mediation, check out our complete guide to divorce mediation in New Jersey. If you and your spouse opt for a separation agreement, it can often be less expensive and stressful. You avoid formal disputes and can easily make changes if your separation terms don`t work. However, any agreement is only enforceable in the form of a contract and not a court order. Separation agreements also preserve the parties` matrimonial property, meaning that each spouse can inherit from the other by claiming an elective share.