At The 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. For a free initial consultation with one of our New Jersey divorce and family law attorneys today, contact our offices in Passaic County at 973-233-4396.
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. In essence, a separation agreement is a contract, which contains specific provisions aimed at resolving issues. 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.
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:
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.
If you are considering separation or divorce, or you simply want to learn more about your legal options, contact our Passaic County, New Jersey divorce and family lawyers today for a cost-free consultation. One of our skilled attorneys will be happy to answer your questions and educate you about all of the avenues available to you. Simply call (973)-233-4396 or contact us online.