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Are we legally separated if we don’t live together?

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Are we legally separated if we don’t live together?

When it comes to separation, it is important to be aware that just because you and your spouse don’t live together doesn’t mean that you are actually legally separated. Contrary to popular belief, legal separation doesn’t actually exist in New Jersey. It does, however, exist in other neighboring states, which is why there may be some confusion.

Though you can’t become legally separated from your spouse in New Jersey, not living together for a number of years is a perfectly acceptable grounds for divorce. However, New Jersey is a no fault divorce state so technically, you don’t even need to cite this as your grounds for divorce and can claim irreconcilable differences instead. It is totally up to you.

The one trouble that some people have when it comes to obtaining a divorce from a spouse you have not lived with in some time is that you may not actually know where they live. This can quickly become an issue because you will need to serve your spouse divorce papers. There are a number of resources that you can obtain in order to locate your spouse if you need to serve them papers. You can generally do so by mail or in person. The courts usually want you to try to serve them multiple times before they step in to assist you.

If you need the assistance of an experienced divorce attorney, contact Ross and Calandrillo, LLC today.

Ross and Calandrillo, LLC is a full-service divorce and family 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.

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Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –
 

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