To discuss your separation from your spouse and secure your future, talk to us. Arrange a free consultation: The agreement is essentially a contract agreed upon by both partners in a relationship. Some of the key elements that a separation agreement should focus on are: You can work with your spouse and say, “We`re going to have this trial separation for a period of time, maybe six months. I`m going to live here, you`re going to have an apartment, and we`re going to share the bills that way. We will take care of the children in this special way. We`re going to set up some sort of visit plan,” or otherwise, have some sort of support agreement and then see if you want to take the next step toward divorce or ultimately reconcile your marriage. Many people do this and they are faithful to the ultimate terms of their separation, if you will. But it`s not really a legal separation that is formalized in a way. The more you and your spouse can get along, the quicker and easier it will be to get your separation agreement in writing.
If you can`t agree on the terms of your agreement, contact a lawyer or mediator to help you with the process. Please note that you and your spouse do not need to live in separate apartments for a separation agreement to be valid. For economic or family reasons, many spouses choose to stay under the same roof during separation. It can be difficult to make decisions about how to manage joint accounts, joint debts, alimony, child support and custody during your separation. Emotions can be strong, and it`s easy to accept something, even if it`s not in your best interest, simply because you don`t want another conflict. Or maybe you and your spouse made a verbal agreement on issues like temporary custody, and now your spouse refuses to let you see your children, denying they ever had an agreement. Another remedy available to separated couples is called “legal and pension divorce.” This court order can resolve issues of alimony, alimony, division of property and more without the need for a formal divorce decree. Legal divorce is usually requested on the basis of religious beliefs about divorce. We understand that your primary concern is protecting your family and your future, and clients find that consultations help clarify their own thinking and are sure of their next steps. Whether reconciliation with your spouse is in your future or you need legal recourse to secure your future, we can support you every step of the way.
Call us now or read on for some FAQs about legal separation in New Jersey: In New Jersey, unlike other states, the concept of “legal separation” does not technically exist. In practice, this means that you and your spouse are free to declare themselves separately without having to go to court. Legal separation is a type of separation in which a couple asks the court to approve their terms of separation and separation. Spouses can set out these conditions, such as financial and debt administration, child support and custody, and spousal support, in a separation agreement that the court can approve. Typically, couples turn to legal separation when they do not immediately end their marriage through divorce, but want to live apart and ensure that their rights to money, property, children and debts are protected. Legal separation gives the spouses time to decide whether to reconcile or divorce. There is no legal prohibition on dating anyone in New Jersey law. Keep in mind, however, that moving with a new person can affect the support payments you receive from your spouse during this time. Trial separation is more of an informal arrangement between two spouses to separate and decide if they want to continue their relationship. A trial separation takes place on the conditions of the spouses, without the intervention of the court. Property acquired during a probationary separation is always marital property, but couples can use a written separation agreement to document decisions about property, children and finances.
This information is of a general nature. It should not be used in place of legal advice. If you and your spouse can`t agree on the terms of your separation agreement, you can go to court and ask a judge to issue temporary support, custody and other injunctions to resolve other issues related to your separation. Your child support usually affects your taxes if you are legally separated. After Marriage.com, you and your spouse cannot both apply for your children as a tax exemption. You may want to decide in advance which of you will benefit the most from these tax savings. If you have more than one child, sometimes it`s best to charge your taxes to one of the children at a time. It`s important to remember that your child support payments are generally not tax deductible. In addition, your spousal support is another factor to consider when preparing to file your tax return. If you are currently paying spousal benefits, you can usually deduct these payments. However, when you receive these payments, they are considered taxable income. There`s really no legal separation in New Jersey regarding certain court documents you need to file.
You and your spouse can live apart if you wish. You may want to consider entering into a written agreement with your spouse outlining your two responsibilities during this time, including paying bills, managing joint accounts, and matters related to parental leave and child care. Separation agreements usually set out things like temporary child support, custody and support, as well as other things, such as how you and your spouse handle mortgage payments, rent, and other household bills during the separation period. Legal separation occurs when the parties involved are still married but live apart. There`s really nothing called “legal separation” in New Jersey. For it to be legally recognized, they must have prepared a document confirming the rights and obligations expected of them with respect to custody, child support, alimony, debt distribution and division of property and assets. The document is usually a prenuptial agreement, which is ultimately included in a divorce decree. Separation differs from divorce in many ways, primarily in that separation does not end the marriage. However, there are many similarities between the two.
I have experience in family law and can give you insight into separation versus divorce during a consultation at my office in East Brunswick, New Jersey. Any option you choose will have a huge impact on your life, so it`s important to have all the information you need to make the best choice for you and your spouse.