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.