Legal Separation vs. Divorce

When marriage is no longer working, couples often consider their options for living apart and redefining their relationship. For some, this might mean pursuing a divorce, while others may opt for legal separation. In New Jersey, understanding the difference between these paths can help you make the right decision for your circumstances. Read on for a general description of legal separation versus divorce in New Jersey. For specific advice tailored to your personal circumstances in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro to consult with an experienced and knowledgeable Union divorce lawyer.
What Is Legal Separation in New Jersey?
Unlike some other states, New Jersey does not have a formal legal process for “legal separation.” However, couples can live apart and establish their own agreements regarding issues like child custody, spousal support, and property division without officially ending the marriage. This is typically done through a separation agreement, which is a legally binding contract outlining the terms of the separation.
Another option for couples who wish to separate without divorcing is to file for “divorce from bed and board.” This process allows couples to remain legally married while obtaining a court order addressing financial and custodial matters, similar to a divorce.
The Process for Legal Separation in New Jersey
To establish a legal separation through a separation agreement, couples can take the following steps:
- Live Separately: Begin living apart from your spouse. This step may be voluntary or triggered by the need for physical or emotional space.
- Negotiate Terms: Work together or through their attorneys to agree on issues such as child custody, child support, spousal support, and property division.
- Draft the Agreement: An attorney can draft a separation agreement that details the terms of your arrangement. A process such as mediation can help iron out any differences and facilitate a fair resolution that meets your needs.
- File for Support Orders: If necessary, you can seek temporary court orders for spousal support or child custody without filing for divorce.
For a divorce from bed and board, the process involves:
- Filing a Petition: One spouse files for a divorce from bed and board in family court.
- Court Proceedings: Similar to a traditional divorce, the court reviews the case and issues an order addressing financial and custodial matters.
- Remaining Married: Although the spouses are separated, they remain legally married, meaning neither can remarry without converting the separation to an absolute divorce.
When Is Legal Separation Preferable to Divorce?
Legal separation might be a better choice for couples in the following situations:
- Religious or Cultural Reasons: Some couples may wish to remain married due to religious or cultural beliefs that discourage divorce.
- Health Insurance Benefits: Staying legally married may allow one spouse to remain on the other’s health insurance plan.
- Chance for Reconciliation: Legal separation provides a structured way to live apart while keeping the door open for reconciliation.
- Financial or Tax Considerations: Certain tax or financial benefits might be preserved by remaining legally married.
What Should You Watch Out for When Getting a Legal Separation?
Although legal separation offers some advantages, it’s essential to proceed cautiously:
- Draft a Clear Agreement: Ambiguous or incomplete terms in a separation agreement can lead to disputes. Work with an experienced attorney to ensure clarity and fairness.
- Understand the Limits: Legal separation does not provide the finality of divorce. Spouses remain financially tied to one another unless specified otherwise in the agreement.
- Review Your Health Insurance Policy: Some employers may not allow a legally separated spouse to remain on a health plan. Check your coverage to avoid surprises.
- Consider the Long-Term Impact: If you eventually decide to divorce, you may need to revisit and renegotiate terms, potentially increasing legal costs.
Contact the Law Offices of John B. D’Alessandro for Help With Divorce in Union, New Jersey
Deciding between separation and divorce is a deeply personal choice that depends on your circumstances. If you’re unsure which path is right for you, consulting an experienced family law attorney can provide clarity and guidance.
At the Law Offices of John B. D’Alesandro, we help clients in Union, Essex, and Middlesex counties navigate family law matters with compassion and expertise. Whether you’re considering separation or divorce, we’re here to guide you every step of the way. Contact us today to schedule a consultation and learn more about your options.