Legal Question in Family Law in New Jersey
Can you seperate legally and live in same residence UNTIL HOUSE IS SOLD?
5 Answers from Attorneys
There is no such thing as legal separation in NJ.
New Jersey does not have a category for "legal separation" (as does NY) but parties are free to separate economically per an agreement (in writing is preferred) and pursue a divorce on grounds or irreconcilable differences.
These types of particular questions are best answered with the advice of an attorney. We have a number of lawyers here who could assist you. Please call me for an appointment if you are interested.
Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.
Yes, it happens all of the time. But you have to be careful, make sure that you do not end up being accused of domestic violence (it takes a LOT of patience from both husband and wife to not lose tempers during the divorce). And you have to make sure that the kids do not hear a lot of bickering and arguing.
From what you have said, it seems very likely that you are going to have to start a divorce. You need to solve some problems in your life and your children's lives, and a divorce is pretty much needed; that is what I understand that you are saying.
Employment, income to pay the family's expenses, is an issue.
You may have children: Custody and vistation, and child support are issues.
Child support and college tuition need to be paid. Measured in tens of thousand of dollars.
You probably have a house and some money saved. You probably have a pension plan; maybe your spouse has a pension plan.
You need to see a decent, experienced divorce attorney located reasonably near you, and have the attorney to review your situation carefully with you, and give you some guidance. A good attorney could save you thousands of dollars and a great deal of heartache, make your life more manageable, and reduce the harm to the kids. When choosing an attorney, make sure it is someone whose personality works for you, someone you can work with.
Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
As the other attorneys said, doing anything without speaking to an attorney first is probably a bad idea.
You can enter into a property settlement agreement and then do as you propose.
Call me if you like.