Legal Question in Family Law in New Jersey

legal separation while living together

My wife and I have been married for 16 years we have 1 child 15 years old. We live in the same house but have irreconcilable differences. We love each other but are not in love and are most often not particularly nice to each other. Our relationship has become more like roommates rather than husband and wife. We have discussed diforce numerous times and both are in agreement that it might be best for us. Is it possible to obtain a legal separation while we are still living together?


Asked on 9/24/04, 4:46 pm

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: legal separation while living together

I am always struck by people who avoid the "d" word. I am not aware of anylegal separations granted in this state in recent times. No one wants to pay for a divorce without a divorce which is what a legal separation is.

If you are talking about entering into a legal separation agreement whereby all financial issues and child issues are resolved in a binding agreement; that can be acco

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Answered on 9/24/04, 5:03 pm
Gary Moore Gary Moore Attorney At Law

Re: legal separation while living together

I am always struck by people who avoid the "d" word. I am not aware of anylegal separations granted in this state in recent times. No one wants to pay for a divorce without a divorce which is what a legal separation is.

If you are talking about entering into a legal separation agreement whereby all financial issues and child issues are resolved in a binding agreement; that can be accomplished where both of you really want it and are willing to be reasonable and put aside petty grievances.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 9/24/04, 5:03 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: legal separation while living together

No. To be considered legally "separated", you cannot co-habitate, i.e., you and your wife cannot be living in the same home.

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Answered on 9/24/04, 8:10 pm


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