How does legal separation work in New Jersey?

One of the most frequently asked questions when couples are struggling with their marriage in New Jersey is whether they can become legally separated. This is a somewhat complex concept because, in New Jersey, there isn’t really an option for legal separation like there is in other states. The New Jersey court system believes that “if you are living separate and apart from your spouse, you may consider yourself separated,” per their website. However, it is important to be aware that couples are permitted to draft a separation agreement or obtain a divorce from bed and board. With either of these two options, couples are able to legally separate while still maintaining some of the benefits of being married. Separation agreements are much more frequently used in comparison to divorce from bed and board, which is seen to be an outdated concept that was used to avoid the social stigmas of divorce.

There are many reasons that couples choose to become legally separated instead of divorced. Some of the various reasons include, but are not limited to:

  • Financial benefits
  • Tax benefits
  • Medical insurance benefits
  • Foster parent qualification
  • Religious beliefs
  • Potential for future reconciliation

It is important to retain legal representation if you are considering obtaining a separation agreement. In order for it to be valid, it must be written, signed, and notarized. If you need an attorney to represent your interests in the creation of a separation agreement, contact our firm today.

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm in Mountainside, New Jersey. For strong legal representation in all of your family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.