Legal Question in Family Law in New Jersey
How should I go about separating from my spouse
I have been married for 15 years and have 3 children (ages 14,13,10)my spouse and I both belive it would be better to separate but neither one of us want to leave the house, we both sleep in different rooms, our relationship is very rocky right now but we both agree that we have to work together for the kids, we ready don't want to bring attorneys into it but we might have to. If I were to leave can I write up a written agreement with her on the separation terms.
The both of us would sign it, is a handwritten agreement signed by both parties enforceable in court.
Thank You Larry
3 Answers from Attorneys
Re: How should I go about separating from my spouse
Larry:
A separation Agreement in writing is the best idea, and we can assist you in that preparation.
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Re: How should I go about separating from my spouse
Dear Larry:
Thank you for your inquiry.
Although you could attempt to draft a Spearation Agreement without lawyer involvment, the realit is that the Agreement will probably not be upheld by the Court. Furthermore, it would be wise to consult with an attorney beforehand in order to ensure that you are not giving up too much in the agreement.
As it would be my pleasure to speak to you regarding your case, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
Re: Mediation
While you probably could put a separation agreement together, its enforceability may be questionable. Have you considered a mediator? Mediators can often bring the couple together on many issues which will ultimately lead to either a Memorandum of Understanding or a Property Settlement Agreement that would be binding. I would be happy to assist you, if you would call me at 856-546-8010. Your first consultation would be free. Good luck! Rob Gleaner