Burlington & Rockenbach, P.A. have over 100 years of combined civil litigation and appellate experience, with a focus on family law. The lawyers at Burlington & Rockenbach have handled all types of civil cases, including divorce appeals and post-judgment family law cases.
The lawyers at Burlington & Rockenbach maintain a real focus on the civil litigation and appellate practice, which helps them come up with creative and innovative solutions for their civil clients, including family law.
A legal separation in New Jersey is the same thing as divorce. The lawyers at Burlington & Rockenbach can help you understand all of the details involved with the legal aspects of separation and help you with all of the paperwork you will need completed as well as petitions that must be filed with the court.
A legal separation in NJ is when two people are no longer living together as husband and wife. While most people think about legal separations in terms of divorce, they do have their differences. Couples that are legally separated leave themselves the option to reconcile later on down the road.
Unlike divorce, when a couple is legally separated, it should be understood by all parties involved that they are likely to stay married.
In order to be legally separated in NJ, an Affidavit of Separation form and Certificate of Correspondence with either spouse as plaintiff or defendant must be drafted and filed with the county. After filing, there’s typically a wait period of not much more than a month before the action occurs.
Similar to NJ, Florida is one of the few states that do not recognize separation as an option. Florida does have a procedure that is known as separate maintenance. Similar to NJ, you will file a Petition for Separate Maintenance which will include Spaue, equitable support, health insurance, life insurance, and allotments of real estate. The biggest difference between this process under NJ law and Florida is that NJ does not have a waiting period like FL. Once the court receives all of the documentation, a date will be set for the hearing.
Couples that choose legal separation in NJ usually feel strongly that separation is the right way to move forward in their relationship. Some common reasons include religion, marriage vows, and children.
While legal separation is often thought about as a last-ditch-effort to fix a broken relationship, many couples take the action just to make a trial period on separation legal. This is the reason that so many states that recognize legal separation view it as an alternative to divorce.
There is no required waiting period in NJ, and there’s no parting of assets and debts. Since the spouse is still recognized as legally married, the two can enjoy the benefits of some of the tax breaks that only married couples receive.
Legal separation is not required prior to filing for divorce in NJ. Couples are free to file for divorce without prior separation. There’s no established separation period prior to filing because the two individuals are assumed to have separated regardless of whether they involved the courts or not. Some of the major differences to consider include:
Because both parents are often still residing in the home, it’s important to have a role guide the parents through the mediation process.
Legal separation will not invalidate a marriage or provide you with the option to marry again, so spouses separated in NJ can get divorced in Florida at any time. NJ does not offer attorneys for individuals pursuing legal separation or divorce.
When there are problems with your legal documents, a judge might dismiss your case or order a complete do over. In this instance, you might want to appeal the case. Some of the other potential appellate issues include:
It’s incredibly easy to miss the steps to legal separation. Having assistance with the correct forms needed makes it easier to get through the paperwork.
Costs in NJ when filing for legal separation is less than Florida. In NJ, there are possibly no fees if you are able to work things out. You also have the option to hire an attorney at any point through the process. In either case, it’s important to familiarize yourself with the process in either state.
With this resource, you will find all relevant information as to whether you should pursue legal separation. You’ll learn of the pros and cons as well as how NJ laws will affect the outcome of your case.