Legal Question in Family Law in New Jersey

Re: I don't agree to divorce, will it be legal separation?

Hi,

There is no such thing as legal separation in New Jersey. However, there is a time period for separation to file a divorce complaint with the grounds for divorce being 18 months separation, which is a no fault ground. However, you can get divorced prior to 18 months with a fault based ground, such as extreme cruelty. The other issues can be worked out during the course of the divorce.

Also, in order to provide a more accurate quote, and provide any other answers, we will need to ask you a few questions and schedule an office visit.

Our firm has been in business for over 10 years and has many satisfied customers that we can provide as referrals.

Please contact us to discuss your schedule and to answer any other questions you may have. If you would like to contact us now, we can be reached at 856-216-7766.

Philip S. Burnham, II, Esquire

Re: I don't agree to divorce, will it be legal separation?

Getting divorced in New Jersey based on the truth

relating to your marital relations is not a problem. If you are in agreement as to the financial issues a mediator is not necessary, but

an attorney will insure that you get whatyou agree

to in the agreement.

Gary Moore,Esquire

Hackensack,New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: I don't agree to divorce, will it be legal separation?

Whether or not you agree to the divorce is immaterial. While it is true that you would need to wait 18 months to file for a "no-fault" divorce, it is likely that your spouse would be able to file sooner by claiming a ground such as "extreme cruelty". In any case, the cause of action would not affect the manner in which the assets are distributed.

With regard to your question concerning a mediator, you could save substantial legal fees by working out a full property settlement agreement with a mediator and then having it reviewed by your lawyer. Then, your lawyer would only need to file the papers to obtain the final divorce. Mediation between cooperative parties is generally very inexpensive when compared to the much more substantial legal fees you would incur if two lawyers were involved in a litigated manner.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney to discuss your matter in more detail. Only then will you be able to rely on the advice. In addition, or alternatively, in my practice, I have successfully mediated divorce cases. If you and your spouse are of a mind to utilize a mediator, you may feel free to call me at 856-546-8010; mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner