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Legal (Marital) Separation

Separation offers an alternative for married couples who need space but aren’t prepared to file for divorce for any number of reasons. Even happily-married couples may go through periods of disagreement and frustration, and separation can offer an opportunity for couples to live apart without yet ending their marriage for good. Other couples may want to end their relationship but don’t wish to file for divorce for religious or economic reasons, or simply because they don’t want to go through the time and expense of a courtroom divorce.

Peace of mind is available through a separation agreement

Regardless of the reason for separating, married spouses deserve to feel secure and protected during a period of separation, and a New Jersey separation attorney can help. The Englewood family law attorneys at Herbert & Weiss can offer an explanation of the legal options available to couples who wish to separate, as well as help them create separation agreements that preserve each person’s interests while they live apart. Contact our compassionate and professional New Jersey separation lawyers today for a consultation.

Separating from a spouse in New Jersey

New Jersey is one of a minority of states that does not offer a form of legal separation for married spouses. Instead, couples who do not wish to live together but do not wish to file for divorce can formalize this agreement by creating a separation agreement. A separation agreement is a legally-binding contract that couples can use to resolve important issues such as how property should be divided, how parents will share custody of their children, and whether and in what amount child or spousal support will be paid. Spouses aren’t required to live separate and apart for a separation agreement to be binding. Create a separation agreement you can rely on by getting help from seasoned New Jersey family law attorneys, such as the experienced Englewood separation attorneys at Herbert & Weiss.

What are the advantages of creating a separation agreement?

A separation agreement offers many of the advantages of divorce, such as clear and enforceable rules on what property belongs to each party, how shared assets will be treated during a separation, and how much spousal support is owed, without going through the drawn-out process of a divorce. Like any binding contract, if either spouse violates terms of the separation agreement, the other spouse can turn to the courts to force compliance. If ultimately the couple decides to divorce, the separation agreement can be written in such a way that it can be incorporated into the judgment of divorce, saving the couple the time and effort of renegotiating these questions and hastening the resolution of their case.

Help with Separation from New Jersey Attorneys

If you’re considering a marital separation in New Jersey and would like professional and knowledgeable legal help to determine your options, contact the Englewood separation lawyers at Herbert & Weiss for a free consultation at 201-440-6300.

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