Legal Question in Family Law in New Jersey

A married couple can live separately, legally. Living separately does not require any kind of agreement. Resolving the issues of distributing assets, child support and alimony requires court action. Usually, people do not file for a legal separation because, when it is granted, they remain married.

Call me if you like.

Every separation is legal. People are smart to put in writing their understanding of what will occur, whether they intend to get divorced immediately or not. That is why people would enter into a "Separate Maintenance Agreement" even if the divorce is not certain. If the divorce is pending, more often than not, it would be called a "Property Settlement Agreement" or a "Separation Agreement". In any of these cases, you should consult with an attorney.

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 (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

As the other attorneys said, living apart means nothing. Call me at 732/773/2768 if you are looking to handle this the right way.