Bergen County Legal Separation Attorney
Guiding NJ Clients Through Alternatives to Legal Separation
Legal separation does not exist in New Jersey. The state does not provide the legal means for a legal separation through applications, supporting documents, or legislation. According to the New Jersey Court System website, if you are living separate and apart from your spouse, you may consider yourself separated. That being said, there are ways to achieve the same goal. Through binding documents and processes, a couple can separate but keep the benefits of marriage. The Radol Law Firm has over 30 years of experience helping New Jersey clients achieve their goals. If you are interested in the alternatives to legal separation, contact our firm for a consultation.
Why People Choose a Legal Separation Over Divorce
A legal separation is a way to end a marriage while keeping the legal benefits of the relationship. Why people choose legal separation over divorce varies. Some of the many reasons for separating but retaining the marriage include:
- Medical insurance
- Financial assistance
- Tax benefits
- Foster parent qualification
- Religious beliefs
- Potential for reconciliation
Two alternatives to legal separation
There are two main alternatives in which to attain a legal separation in the state of New Jersey without the court’s help. The first way is through a divorce from bed and board. The second is to execute a durable Separation Agreement. Knowing the difference and which may better apply to your situation is important.
Divorce From Bed And Board
Divorce from bed and board is a somewhat outdated practice. Also called a limited divorce, a divorce from bed and board originated from a time when divorce had a significant social stigma. Through this alternative, a court will pass judgment on marital issue, including alimony, the division of assets, child support, and child custody. The divorce is not completed and the couple gets to retain the benefits of marriage and separate. This is saved for people who don’t intend on marrying again and do not care if a judge decides on matters.
The most common way for NJ residents to acquire a legal separation is through a Separation Agreement. New Jersey does not provide any support to help people with Separation Agreements. It is simply a legal document executed by one party or through the cooperation of attorneys establishing the terms of the separation. Like a divorce, a Separation Agreement should address marital issues. Often, couples engage in alternative dispute resolution to settle contested issues and come to an agreement that can be put on paper. Once a Separation Agreement is in writing, signed by both parties and notarized, the document becomes a binding contract.
Contact The Radol Law Firm
For over 30 years, The Radol Law Firm has represented the needs of clients as they pursue alternatives to legal separation. Our firm appreciates your needs and will work to help you end your relationship while retaining your marital benefits. If you need legal guidance, contact our firm for an initial consultation to discuss your legal matter.