Inner-Workings of an In-Home Separation in New Jersey

Legal, In-Home Separation Could Be a Good Option For Those Not Yet Ready to Take the More Permanent Step Of a Divorce.

You may be considering an in-home separation in lieu of, or as a step toward, divorce in New Jersey. It is financially less burdensome and allows for time apart without completely amputating your spouse from your life. In-home separations are completely driven by the parties. What governs these arrangements is a Separation Agreement, which is treated like a contract after the parties sign and notarize the agreement.

In-Home Separation Needs to be Legal in New Jersey

A legal, in-home separation is when both parties are legally separated, they are choosing to live separate lives, independent from each other, while remaining married. In addition to that, they are choosing to stay living in the same home. They could be choosing this for a few reasons, such as financial, or for the sake of the children.

Legal separation is different from getting a divorce in the State of New Jersey. The first difference is that legal separation is not legally recognized by the State of New Jersey while a divorce is. A legal separation is completely up to the parties and their discretion. A litigated divorce is up to the Judge and the Judge’s discretion based upon the parties and the law. However, a separation agreement can address many of the same things that a divorce would address.

Key Provisions for In-Home Separation Agreements in Passaic County

A Separation Agreement will have to address all of the relevant topics to your marriage, such as assets, property, children, etc. The Agreement, after it is notarized and signed by the parties, becomes a legally binding contract. A separation agreement, much like a divorce decree, could address child support, parenting time and visitation, custody, alimony, and even the division of assets. However, ensuring that the agreement is followed differs from a divorce.

The legal recourse someone would have against a party not adhering to the separation agreement would be the same as not adhering to a legally binding contract. Legal separations are typically bound by contract law while a divorce would be bound by family law and a family Judge’s court order. If a party breaks the agreement, then it will be treated as if a legally enforceable contract has been broken. It will then travel the appropriate channels of the court as if it were a contract. Depending on what provision is broken, the court can then appropriately address the issue without going through family court. In other cases,  based on the provision of the agreement that has been breached, a party can also file a complaint within the family law division for child custody, child support or visitation without filing for a divorce.

Setting Boundaries in Your In-Home Separation Agreement

The separation agreement should define and set clear expectations from each party in regards to boundaries and responsibilities. Boundaries could include physical boundaries, such as which area of the house you are expected to stay in, as well as, emotional boundaries, such as deciding not to date during the in-house separation. The agreement could also include provisions laying out the responsibilities for each party and what is expected of them around the house, such as common household duties.

Potential Difficulties of an In-Home Separation in New Jersey

The potential challenge for a legally separated couple living in the same home could be obvious to some. Emotions typically run high during this time in a marriage, and if the couple had decided to separate, there must have been a reason for it. Living in such close proximity to a person who has potentially hurt you, can be extremely difficult. Living with someone who you argue with constantly could be difficult. In-home separations must be discussed with clear intentions stated by both parties. Whether reconciliation is still on the table or not, the separation agreement must clearly define what is expected of each party in order to avoid continuous confrontation and disagreement.

Why Hire a Lawyer to Protect Your Legal Interests with an In-Home Separation in NJ

It is imperative to hire an experienced family attorney who has dealt with separation agreements before. A talented attorney with experience with separation agreements will know how to protect you in case of future conflicts. It would be wise to separate the finances and lay out the terms of the marital property in the agreement. Deciding who pays what and who can enjoy what assets is extremely important when drafting the agreement in order to avoid future conflicts. Another important aspect are children and ensuring that visitation and support are defined in the agreement as if the parties were living separately.

The main components that should be addressed in a separation agreement are alimony, or spousal support, the division of any marital property, child custody, child support, and parenting time and visitation. The agreement should also address what bills will be paid, by who for the house you are both living in, as well as the management of joint assets and debts. These are all aspects of the marriage that would definitely be discussed and decided during the divorce proceedings and before the Judge has signed the divorce decree. It is essential to develop an agreement before that time in order to best protect your interests while you still can. Separation agreements are heavily considered by Judges because the parties have already agreed to the terms and therefore, are likely support them in a divorce as well.

The right attorney will protect you in the event that the agreement is breached, or in the event that you decide to follow through with the divorce.

Weighing the Advantages & Disadvantages of a Legal In-Home Separation Agreement

New Jersey offers the option of a “Divorce from Bed and Board”, which means that you must go to court for the judge to sign a court order imposing temporary alimony, temporary child support, and temporary child custody provisions. This is not a divorce, but if the parties do decide to get divorced, the original order can easily be converted to a divorce decree with the same provisions in place.

Though it is not necessary in New Jersey, if couples are legally separated for 18 months or more, they have grounds for divorce. While New Jersey does not officially recognize a legal separation, it can still be advantageous to those couples who are not ready for the more permanent solution of a divorce.

New Jersey allows for couples to dictate the terms of their marriage themselves through a separation agreement without having to go to court initially. This allows for the possibility of reconciliation, to retain marital property for either party, and enjoy the tax and/or insurance benefits of a married couple.
Despite the arrangement being confusing and difficult for children or other family members, it could be the beginning of better lives for both you and your spouse.

An Experienced Family Lawyer At The Montanari Law Group Can Provide The Legal Support You Need for a Legal In-Home Separation Agreement in North Jersey

Hiring an experienced family lawyer at The Montanari Law Group can mean the difference between breaching a contract, neglecting to address a critical issue, or drastically improving your quality of life. Our talented team of family law attorneys can help you navigate the muddy, emotional waters of a potential divorce while maintaining our duty to you, which is to protect your interests now and in the future. With local offices in Passaic County, we can assist you with making your separation legally binding in the form of a contract that outlines all of the key matters in your life, even if you choose to undergo an in-home separation. It is our mission to assist clients with preparing and protecting for themselves and their families during difficult transitions in Wyckoff, Millburn, Caldwell, Totowa, Haledon, Paramus, Montvale, and throughout Passaic County, Bergen County, Essex County, and surrounding areas in New Jersey. Contact us today at (973) 233-4396  for a free consultation.