Passaic County NJ Separation and Divorce Lawyers
Divorce Attorneys with Offices in Woodland Park, New Jersey
Often, the road to divorce is a long and circuitous one, involving ups and downs, arguments, ultimatums, and the need for “space” from one another. The finality of divorce can be overwhelming, and many times, couples simply aren’t sure if they are ready to make that decision. In these situations, separation can serve as an opportunity to take the time you need to “figure it out,” without moving straight to divorce proceedings. A separation is also an option for spouses who are not yet in a financial position to pay for a divorce, or who fundamentally oppose it on religious grounds. In still other cases, separation for a period of 18 months provides married couples with grounds to file for a no-fault divorce in New Jersey. Under any circumstances, it is essential to understand your options regarding separation in New Jersey and to take appropriate measures to protect your finances, your children, and your future.
At Montanari Law Group, it is our commitment to provide unwavering support and unparalleled representation to our clients who are currently dealing with family law matters. Our highly knowledgeable divorce and separation attorneys have assisted numerous clients in Wayne, Clifton, Montclair, and throughout Passaic and Essex counties in developing and executing legally-binding separation agreements that best serve their interests. If you are considering separation or divorce, or you simply want to learn more about your legal options, contact our New Jersey divorce and family lawyers today. One of our skilled attorneys will be happy to answer your questions and educate you about all of the avenues available to you. For a free initial consultation, contact our offices in Passaic County at (973) 233-4396.
Legal Separation in New Jersey
Believe it or not, there is no such thing as a “legal separation” in New Jersey. In fact, New Jersey does not recognize separation as a legal status, as it does with divorce. However, you do not need to enter into a period of separation without legal protection. With a separation agreement, you and your spouse can create arrangements surrounding children, assets, finances, and other issues that can be upheld in a court of law. Separation agreements can also provide a framework from which to develop a marital settlement agreement if you do eventually choose to divorce.
Creating and Formalizing a Separation Agreement in NJ
Because New Jersey does not have a legal separation, couples can create an agreement that is a binding contract between the parties. In essence, a separation agreement is a contract that contains specific provisions aimed at resolving issues. Spouses decide how property will be used or divided, spousal and child support amounts, and child custody issues. It can also include how the bills and household costs will be divided. In order to be deemed valid, a separation agreement must be drawn up in writing, signed by both parties and notarized. It is not necessary to appear in court to implement a separation agreement, but due to the legal complexities of the issues and the long-term implications, it is highly advisable to consult with an independent attorney who can assist you with the process. Mediation often comes in handy for this process. Once the couple has made an agreement, an attorney can formalize it in a contract signed by both parties and notarized. The agreement is not filed in court because this is not part of a divorce.
Issues to Resolve in Your NJ Separation Agreement
Your separation agreement deals with many of the same issues as a marital settlement of divorce. Depending on your specific situation, your separation agreement may address issues such as:
- Spousal support
- Child custody
- Child support
- Daycare and childcare expenses
- Health insurance and medical expenses
- Household expenses
- Mortgage payments
- Property taxes
- Outstanding loans, leases
- Credit card balances
Legal Recourse when One Party Fails to Follow Separation Agreement Terms
New Jersey does not require a separation agreement. It is considered a binding contract; if one party fails to follow it, the other party can file suit against them. The spouse violating the agreement may have to pay the other’s legal fees and be held in contempt. The agreement may be modified at any time if both parties agree to the changes.
Freezing Assets During Separation in New Jersey
Unfortunately, separations do have some significant risks, one of which involves finances. In certain situations, a spiteful spouse will attempt to hide, divest, or significantly deplete marital assets during a period of separation. In order to prevent this potential problem, couples can “freeze” assets and debts at the time of separation and divide them among the spouses. This is an incredibly important part of the separation process because it will impact your financial standing long-term. After freezing, separating, and delineating responsibilities as it relates to your shared assets, you can move forward with confidence that no matter what happens, your financial interests are protected.
Common Threads in Failed Marriages that End in Separation
According to The Austin Institute for The Study of Family and Culture, using data from 4,000 divorced adults, the top reason couples split is because of infidelity. When a marriage is unfulfilling emotionally or physically, a spouse can seek a relationship elsewhere. In a close second is financial issues. How money should be spent or saved, buying habits, and feelings toward money can lead a couple to argue over bills and unnecessary expenses.
Poor communication is in third place. Frequently, what is said by a spouse is misinterpreted. Expressing feelings without blame, discussing needs in a way that isn’t accusatory, and respecting each other’s boundaries can be challenging communication skills for married couples. A lack of intimacy is fourth. This issue is not just about a physical relationship. Intimacy refers to emotional closeness, a spiritual bond, or shared experiences. Number five is, unfortunately, domestic abuse. Whether it is financial, emotional, or physical, abuse signals the end of the relationship. It should not be tolerated under any circumstances.
Professional Pathways to Avoid Marital Separation
Seeking counseling before deciding to separate can allow couples to hammer out their problems before drastically changing their relationship. Offering a neutral space to discuss what is broken in the relationship and offering tools to rebuild trust and communicate more effectively, counseling can make a huge difference and provide a life jacket to a sinking marriage. Mediation involving a neutral third party can help a couple agree on points of contention, such as finances or parenting styles. It encourages cooperative problem-solving and compromise. While getting professional help can sometimes save a marital union, this is not always the case. Sometimes, the relationship has reached its logical conclusion and is the most beneficial solution for everyone involved.
Top Reasons Couples Choose Separation Over Divorce
Some couples are unsure if they want to end their marriage entirely. They are seeking some time apart to decide their next steps. Others separate but don’t divorce to keep health insurance coverage, tax benefits, and pension payments. Religious practices may prevent a couple from divorcing. Most commonly, couples choose not to divorce immediately to give their children time to acclimate to the separation and the life changes they are experiencing.
Avenues to No Fault Divorce After Separation
Separation can serve as grounds for a no-fault divorce in New Jersey, provided specific requirements are met. There are two grounds for a no-fault divorce. The first is irreconcilable differences. If there is no prospect of getting back together, and these differences have lasted for at least 6 months, a no-fault divorce can be granted. An 18-month separation can also serve as grounds for a no-fault divorce when the spouses have resided separately for 18 consecutive months with no hope of reconciliation.
Contact a Wayne NJ Separation Lawyer for a Free Consultation
If you are considering a separation, there are many things to consider before arriving at your final decision as to how you should proceed in the most legally protected manner. You need to protect yourself financially while planning for the care and custody of your children and assets. At Montanari Law Group, our skilled family law attorneys help clients who are considering separation and potential divorce down the road in West Orange, Belleville, Paterson, Newark, and across New Jersey. We can convert your separation agreement into a divorce agreement if you decide to proceed with a divorce. We understand the intricacies of a contract of this nature and can advise you on the following steps. There is no legal requirement to hire an attorney, but the separation process can be complex and riddled with setbacks and conflict. Having the opportunity to consult with an attorney can substantially reduce the confusion and stress of the process. Our attorneys can ensure you understand your rights and that no impulsive decisions that could harm your future are made. If you have questions about separating from your spouse and how to preserve your interests, speak with one of our New Jersey divorce and family law attorneys today at (973) 233-4396 for a free consultation or complete this online form and we will contact you.
