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Unlike most other states, technically, there is no legal separation for married spouses under New Jersey law. In New Jersey, separation can be legal grounds for divorce if the spouses have not lived together for at least 18 months and reconciliation is unlikely. Generally, what people think of as legal separation is the period of time that couples live apart, whether separation will be the grounds for divorce or not.
When spouses consider dissolving their marriage, typically, it is a very emotional period when one or both parties can feel vulnerable and be volatile. They often find it is better to live apart. Sometimes, this separation can be a temporary arrangement, and other times it will be the foundation for divorce proceedings. Prior to an actual divorce, the spouses can work with legal separation or divorce attorneys to draft an agreement that defines the rights and responsibilities of both spouses while they live apart.
In New Jersey, the legal term for this type of separation is “divorce from bed and board.” But, legal separation can also refer to a legal document called a separation agreement. A separation agreement defines such issues as division of assets and debts, custody of children, child support, visitation, and spousal support. Your marriage remains in effect and continues to be a legal union. The separation agreement in Atlantic City, Cherry Hill and throughout New Jersey State is the key to a successful legal separation. Think of the separation agreement as protection for everyone involved against issues that may arise.
Both you and your spouse should sit down together and attempt to decide, on your own, how assets and responsibilities are to be separated during your time apart. If you succeed in doing so on your own, both of you should obtain signed and notarized copies of this separation document for protection against the other spouse failing to uphold the arrangement. When writing this separation agreement document in Atlantic City or Cherry Hill, consider as many scenarios and possibilities as you can and clearly define all obligations of both parties.
If you are unable to handle this privately, and you live in the Atlantic City area, consider consulting Atlantic City legal separation divorce lawyers for help.
Divorce mediation is a relatively new concept in family law, but it generally involves both spouses meeting with a neutral mediator in order to work through all of the issues necessary to dissolve a marriage.
Mediation is always flexible and confidential, giving both spouses a way to settle their natural conflict constructively without negatively impacting their relationships with family, children, friends, and each other. Meditation also saves time and money in the long run by alleviating the majority of issues before legal procedures are invoked.
If you need help with an Atlantic City separation agreement or divorce mediation, you may need experienced legal assistance. Filing divorce in New Jersey can be a complicated and emotionally tiring experience. If you face a pending divorce or have any questions about legal separation, collaborative divorce and contested and uncontested divorce process in these areas of New Jersey, contact the skilled divorce lawyers in Atlantic City at Helmer, Conley & Kasselman, PA today. Contact our Atlantic City divorce lawyers at 877-HELMER1.
Don’t let your rights be jeopardized.