In the state of New Jersey, separation is different from divorce. Because this issue can be confusing for couples, it’s best to consult a qualified New Jersey Separation Lawyer if you are interested in separating from your spouse.
About Separation in New Jersey
New Jersey courts do not grant or recognize legal separations. In order to separate from your spouse, you must simply live apart from him or her. For many couples, this process provides some much-needed time and space. While some couples ultimately decide to divorce, others may reunite in the future after working through some of their issues.
Seeking Legal Counsel
Even though you don’t need to go to court to become separated, most separations cause certain practical issues to arise that may require formal legal agreements. Examples of common issues include asset distribution, custody arrangements, child support and spousal support.
Asset distribution may be a point of contention between you and your spouse. Drafting a formal agreement will allow you to address any issues you may have regarding owned assets so that disputes don’t continue throughout the separation.
If you have children, both parents can continue to spend time with them after the separation. However, if there are any disagreements with regard to the schedule, a formal custody arrangement should be established to ensure that both parents are able to remain active participants in the lives of the children.
During separation, it is common for the noncustodial parent to pay child support to the custodial parent. The amount of support required depends on the income of both parents, the custody arrangement and the financial needs of the child or children involved. Establishing a formal child support order is the best way to ensure that both parents are meeting their financial obligations at all times.
Depending on the circumstances, one spouse may also pay spousal support to the other during the separations. To find out more about spousal support, consult a New Jersey Separation Lawyer.
If you are planning to separate from your spouse, or if you are already living apart, contact Basking Ridge Attorney Gary Blaustein. He will be happy to help you determine whether formal property distribution, child support, spousal support or custody agreements are appropriate for your situation. Please call our office today to learn more about our services, discuss your situation in detail or schedule a consultation with our legal team.