Legal Separation

Legal separation services in New Jersey

Separation Attorneys Located in Morris County

It is crucial to understand that “separation” is not a legal status recognized by New Jersey, nor is a separation period required prior to filing a Complaint for Divorce. Arriving at the decision to separate from your spouse can be a difficult and emotional choice to make. Unlike divorce, a legal separation entails choosing to reside in different homes, but there is no need to file a Complaint with the family court in order to legally separate from your spouse. In most circumstances, separating spouses can formalize issues surrounding child custody, child support, parenting time, and asset distribution by drafting a comprehensive Separation Agreement. While this Separation Agreement will not be filed with the Court, it may be utilized by you and your spouse to help navigate the terms of your separation. Our team at Haber Silver & Simpson can assist you in drafting your Separation Agreement. Contact our firm for a consultation.

Why do couples separate?

The act of separation may be a viable solution for those couples who need some physical time apart, but want to keep their relationship open for possible reconciliation in the future. Many couples use this opportunity to see a marriage counselor or family therapist. However, remember, that while you and your spouse may be taking a break, you are still legally married, and therefore obligated to maintain joint accounts, joint obligations, and care for your children.

What is a divorce from bed and board?

A remedy for separated couples, “divorce from bed and board” may provide a resolution surrounding the issues of child custody, child support, alimony, and equitable distribution without obtaining a final judgment of divorce. Often, couples who are afraid of the stigma of divorce, or are unable to obtain a divorce due to religious observances, seek to obtain a divorce from bed and board.

What is the difference between Divorce From Bed and Board and absolute divorce?

In an action for divorce from bed and board, both spouses must agree that they wish to have the Court issue a judgment for divorce from bed and board. An absolute divorce action, on the other hand, may be contested. Furthermore, following a judgment for divorce from bed and board, the couple is still considered legally married, and therefore may not remarry. A judgment of divorce allows each spouse the freedom to remarry as they please. Finally, if a couple reconciles, they may ask the Court to revoke the judgment of divorce from bed and board. If you are considering filing for a divorce from bed and board contact the attorneys at Haber Silver & Simpson for a consultation.

Contact our Morris County Law Firm

Deciding to separate is a serious choice with potentially lasting implications, and requires tailored protection for you and your children. To discuss your separation from your spouse, and to maintain the appropriate protections for yourself and your children, contact the attorneys at Haber Silver & Simpson today.