Call Today: (201) 445-8381
Call Today: (201) 445-8381

Legal Separation

Hackensack Legal Separation Attorney

med240013Guiding Bergen County clients through legal separation

Simply put, New Jersey does not acknowledge legal separation. The New Jersey Court’s website states that New Jersey does not grant legal separations. “If you are living separate and apart from your spouse, you may consider yourself separated.” Though legal separation is not acknowledged by the court, there are ways to acquire the same goal. Debra F. Schneider, Esq. has years of experience guiding New Jersey clients through attaining alternatives to legal separation, including drafting Separation Agreements and attaining a limited divorce, also known as a divorce from bed and board. If you need high-quality legal services, contact Debra F. Schneider, Esq.

Why choose legal separation over traditional divorce?

There are many reasons why a couple would choose legal separation over divorce. Most often, a couple wants to end the relationship but retain certain benefits of the marriage. Some reasons include:

  • Medical insurance
  • Tax consequences
  • Qualifying to become a foster parent
  • Financial assistance

Some couples consider divorce to be against their religious beliefs and would rather legally separate. Others are not ready to close the door on the possibility of reconciliation. Whatever the case, a legal separation can be the right choice for some.

How can I obtain a legal separation?

There are two main ways in which a couple can obtain the equivalent to a legal separation in New Jersey. The first and most common way is by drafting a separation agreement. The other is called a limited divorce or a divorce from bed and board. Divorce from bed and board is a somewhat outdated practice that was more relevant when divorce has a social stigma.

What is a separation agreement?

A separation agreement is the most common way to become legally separated. According to the state, New Jersey has no way of helping you through the process. There are no supporting documents, formal guidelines, or laws to help people through the process. It is simply a binding document drafted by an attorney that details a resolution to all topics relevant to the marriage, including:

To draft a separation agreement that works for the couple, mediation is a good option. The couple can hire a mediator that will facilitate a constructive meeting where all relevant topics are discussed and agreed to. Though you do not need to use a mediator or a lawyer to draft a separation agreement, talking through some of these topics can become heated and lead a couple to a drawn-out court battle. Once the process is complete, the couple will sign the agreement, making it binding. It does not need to be review by a judge or filed with the local municipality.

Divorce from bed and board

Also called a limited divorce, a divorce from bed and board is most often used to keep a dependent spouse medically insured. The court will decide on all relevant matters, including child support, child custody, property distribution, and alimony. Once the court passes judgment, the couple is all but divorced, allowing for a dependent spouse to keep certain benefits. Though they do get to keep important benefits, neither spouse is allowed to remarry. This is a good option for those who don’t intend on getting married in the future.

Contact a Hackensack legal separation attorney

Though New Jersey does not acknowledge legal separation, there are ways to reach the same goal. If you are interested in drafting a separation agreement or going through the process of a limited divorce, you should contact an attorney with years of experience guiding couples through the alternatives. Debra F. Schneider, Esq. works with couples who need to separate but stay legally married. If you need quality legal advice or services, contact Debra F. Schneider, Esq. today.

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