Many spouses considering divorce have questions about legal separation and whether it is a required step. Legal separation and divorce are distinct legal processes, and understanding how they apply in New Jersey can help you make informed decisions throughout the process.
What Is the Difference Between Legal Separation And Divorce?
Legal separation is a formal process where a married couple lives apart but remains legally married. It allows spouses to establish legal agreements for matters such as child custody, support, and property division without officially dissolving the marriage.
Divorce, on the other hand, legally ends a marriage. It requires filing a complaint for divorce and resolving issues related to finances, parenting arrangements, and property distribution. Unlike legal separation, divorce finalizes the legal relationship between spouses, allowing them to remarry if they choose.
In New Jersey, legal separation is not a mandatory step before filing for divorce. However, it may be appropriate for couples who wish to live apart while maintaining certain legal or financial benefits of marriage.
Is Legal Separation Recognized in New Jersey?
New Jersey does not have a specific legal procedure for separation. Instead, couples may enter into a written agreement to formalize arrangements during their time apart. This document outlines the rights and responsibilities of each spouse, addressing child custody, spousal support, and the division of marital assets.
Although it is not required for divorce, a separation agreement can provide a framework for resolving disputes and may simplify the divorce process if spouses later decide to proceed. Megha R. Thakkar, Esq. has extensive knowledge of marital agreements and can assist in drafting a document that protects your interests.
What Are the Advantages of a Separation?
Legal separation may be a preferred choice for couples who are uncertain about divorce or who wish to maintain specific benefits. For instance, spouses may continue to share health insurance coverage, retain tax advantages, or adhere to religious or personal beliefs that discourage divorce.
Separation also provides an opportunity to resolve issues collaboratively without the finality of divorce. This approach may be particularly beneficial when both parties are open to reconciliation.
How Long Do You Need to Be Separated Before Filing for Divorce in New Jersey?
New Jersey does not require spouses to be legally separated for any specific length of time before filing for divorce. However, the state does allow for no-fault divorce on the grounds of irreconcilable differences, provided the spouses have experienced these differences for at least six months.
For couples who choose to file for divorce based on separation, they must live apart for a minimum of 18 consecutive months before citing separation as the grounds. It is important to note that the separation must involve living in different residences rather than merely occupying separate areas of the same home.
What Steps Should Be Taken to Begin the Divorce Process?
To initiate the divorce process, one spouse must file a complaint for divorce with the appropriate New Jersey court. This document outlines the grounds for divorce and requests the court to resolve custody, support, and property division.
Once the complaint is filed, the other spouse is served with divorce papers, which allows them to respond and participate in the proceedings. Negotiation or mediation may be used to address disputes, but unresolved matters may require court intervention.
Call an Experienced Middlesex County Divorce Lawyer at Thakkar Family Law
If you are considering divorce or have questions about legal separation, a knowledgeable Middlesex County divorce lawyer at Thakkar Family Law can help you make informed decisions. For a free consultation, call Megha at 732-456-7456 or complete our online form. Located in Piscataway, New Jersey, we serve clients in Middlesex County, Somerset County, Mercer County, Union County, and throughout New Jersey.