Legal Question in Family Law in New Jersey
limited seperation
how do i file for a limited seperation? do i need a lawyer for this? my husband of 2 1/2 yrs left my 10 month daughter and i 3 weeks ago and he is now living in an apartment with a female, who he says is only his friend. do i need to let him keep my daughter over night if he is living with another womwan, who i do not trust. i have filed for sole custody, but the trial date is not for another 2 1/2 weeks.
2 Answers from Attorneys
Re: limited seperation
Thank you for your inquiry.
New Jersey does not recognize legal separations. Therefore, the only way to enforce your rights regarding parenting time is to file for divorce.
As it would be my pleasure to speak to you regarding your potential divorce matter, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com
Re: limited seperation
Your question puzzles me. Separation does not require legal sanction. It is unlawful to abandon your child but it is not unlawful to leave your spouse.
Your husband can be compelled to pay child support and, if you require it and he usually provided you with support, he can be compelled to pay spousal support. If you have not you should file a complaint for child and spousal support and ask that it be scheduled for the custody hearing.
Whenever you decide that you want permanent separation from your husband you can file a divorce complaint.
As part of your custody hearing you can ask that your husband act appropriately in the presence of your child and say what would be appropriate. The judge will listen to both of you and decide was is not appropriate and enter the appropriate order.
It would not hurt to hire an attorney to guide and assist you through all these unfamiliar hearings and procedures. After it is all over you may regret not having the assistance of an attorney and be stuck with the results of same.
Gary Moore, Esquire4
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com