Helping couples legally separate in New Jersey
The state of New Jersey does not recognize legal separation. There is no support from the court system to help couples acquire a legal separation. There are no applications, supporting documents, or legislation regarding this topic. According to New Jersey court system’s website, “if you are living separate and apart from your spouse, you may consider yourself separated.” With that in mind, there are alternatives that meet the same goals. Through a separation agreement or a divorce from bed and board, you can legally separate while keeping the benefits of marriage. Ross & Calandrillo, LLC is an experienced law firm serving the greater New Jersey area. If divorce is not an option and you need to separate from your spouse, our firm can help. The right legal guidance can ease your stress, help you make informed decisions and move on to a better situation. For a compassionate and knowledgeable law firm, contact Ross & Calandrillo, LLC for a consultation.
Why choose legal separation over divorce?
There are many reasons people choose to legally separate. There are benefits to dissolving a relationship but avoiding divorce. Some of the many reasons people choose the alternatives to legal separation include:
- Medical benefits
- Financial benefits
- Tax benefits
- Qualification to be a foster parent
- Religious beliefs
In addition to that small sample of significant reasons, others just want to keep to door open to reconciliation. When deciding on such important matters, consult with an effective legal team that can guide you and help you achieve your goal.
Divorce from bed and board
Divorce from bed and board is rarely used to legally separate. It is somewhat outdated because it mirrors much of the process of divorce, including much of the financial impact, leaving many just following through with the divorce itself. Historically, this was utilized more when divorce held a significant social stigma. When engaged in a divorce from bed and board, a court will decide on all marital issues. The divorce is not completed and the people cannot remarry.
Separation agreements and legal separation
The most commonly used method to acquire a legal separation without the support of the court is by drafting a Separation Agreement. A Separation Agreement is simply a binding legal document that establishes the terms of the separation and addresses all significant marital issues. It can be drafted by the individuals, through the cooperation of attorneys, or a mediator, a neutral third party. Once a Settlement Agreement is in writing, signed, and notarized, it is binding. Furthermore, the existence of this document can be used to get a divorce in the future if one or both parties decide.
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Contact a New Jersey legal separation attorney
Ross & Calandrillo, LLC is honored to be a legal resource for people in New Jersey. Our firm provides knowledgeable and effective legal services for individuals and mediation services for couples that would like to work out their differences and save the cost of retaining separate representation, achieving their goal of legally separating. If you need a compassionate and effective attorney or mediator, contact Ross & Calandrillo, LLC for a consultation to discuss your options.