Legal Question in Family Law in New Jersey

Re: Legal separation in NJ

Any separation is legal. Some sort of court action or a written agreement is necessary to legally dispose of questions of alimony; equitable distribution; child custody and support.

No one filed with the court for a legal separation because it was designed for catholics who could not get a divorce for religious reasons. Now, no one does it because a legal separation provides for all aspects of a divorce except terminating the marital relationship. Most people do not want to go through the time and expense of a legal separtation action only to be required to file another legal action in order to be divorced.

With the advice of counsel two people can enter into a separation and property settlement agreement which achieves all of the aspects of a legal separation without the expense of court action. Once the agreement is signed by both parties and if the agreement is properly drawn, either of the parties can obtain a divorce without complication because the agreement resolves all issues of the divorce except whether there is a factual and legal basis for the divorce.

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