Sussex County Legal Separation Lawyers
Newton New Jersey attorneys guide the process of marriage separation
If you are unsure if you wish to divorce, you may be considering separation as an alternative. At Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC, our Sussex County legal separation lawyers advise New Jersey residents on ways to protect their interests if they no longer wish to live with their spouse. You can rely on our law firm for knowledgeable guidance tailored to your specific circumstances and goals.
How is legal separation different from divorce?
New Jersey does not offer a distinct legal status to spouses who are separated. Either you are married or you’re not. If you decide to live apart, it is beneficial to prepare a separation agreement that sets forth clear terms related to parenting and financial issues. Our divorce lawyers in Sussex County can advise you about what such an agreement should contain.
Why you need a separation agreement
A separation agreement is a legally binding contract (once both parties sign it and have it notarized) that stipulates the terms of your separation. You are not required to have one, but it is strongly advised to have a legal instrument in place to clarify each party’s rights and responsibilities. Having a legally enforceable document in place also reduces the likelihood of a dispute. Should you decide to end the marriage after separating, the terms of the agreement can also be incorporated into your divorce decree. Separation agreements can address such issues as:
- Child custody and parenting time
- Child support
- Who will live in the family home
- How property will be divided
- Whether spousal support will be paid and how much
- How bills and finances will be handled
We can help you develop a comprehensive agreement that addresses all of your relevant concerns.
Why Sussex County couples might make their separation legal
Couples in Sussex County might separate instead of divorcing for various reasons:
- They need time apart, but reconciliation is still a possibility
- They have religious objections to divorce
- One spouse wishes to stay on the other spouse’s health insurance
- Taxes can still be filed jointly, which could offer financial benefits
Our attorneys can help you understand how legal separation may be of benefit for your particular situation.
Requirements for separation agreement in NJ
There is no court filing necessary if you wish to separate in New Jersey while remaining married. You can decide to live apart and then prepare a separation agreement with your spouse that you are legally bound to follow. Should circumstances change, you can revise or revoke your agreement at any time as long as you both agree to do so. This also does not require the court’s permission.
How long does a legal separation take in New Jersey?
You can separate as soon as you and your spouse choose to do so. How long a separation agreement takes to make the terms legally binding on both of you depends on how quickly you can come to agreement on all of the issues. While most people file for a non-contesteddivorce using New Jersey’s no-fault provision, you can also divorce on separation grounds if you and your spouse live apart for at least 18 months prior to filing. If you are planning to end your marriage, our law firm can assist you with that process.
Contact a knowledgeable separation lawyer in Newton for guidance
Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC, aids New Jersey residents in Sussex County, Morris County and throughout North Jersey with legal issues relating to separation and divorce. Call our law firm at 973-737-1023 or contact us online to arrange a consultation.
