Legal Question in Family Law in New Jersey
seperation
My husband moved out in Jan. We are having a trial seperation after 10 years of marriage (his idea). We are on friendly terms. He was the primary earner. He has agreed to pay the rent on ''our'' apartment for the next year and give me cash each week for various expenses. I am concerned that any debit he incurs on his personal credit cards will be my responsibility in the event of a divorce. He has signed a 12 month lease on another apartment for himself. Should we do this ''legally'' or will I be o.k since he ''officially'' moved out and signed another lease. We want this to be as easy and amicable as possible since there is no animosity. No children and no property owned. He is a ''spender'', I am not. We have 2 joint credit cards that I have not cancelled and he is not using. That is my only ''joint'' debt at this time. Should I risk upsetting my husband and insist on getting everything done in writing and legally or do I continue to play it ''friendly''? Thank you.
3 Answers from Attorneys
Re: seperation
You should get a separation agreement and put everytihing that you and your husband has agreed to in writing to protect your interest.
Without a separation agreement you may find yourself dealing with issues that you thought were already resolved.
Antoinette M. Wooten
Re: seperation
The fact that you have "quoted" so many "issues" in your "question" would indicate to me that you have many "doubts" about the path you are taking. This, in and of itself, should direct you to get an attorney as quickly as possible. There are so many issues that may seem to be "simple" and "friendly" at this time that could very well turn into a "nightmare"!
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. As previously
stated, you should immediately meet with an attorney for a full consultation before you take any
further steps. You may feel free to call me to discuss this matter in more detail. If you do so,
mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner
Re: seperation
The last thing I want to do is to talk you into a divorce when you are not ready. Its a big step. However, I don't like situations like this at all. I suggest the two of you get into mediation ASAP and work out your problems. As I think you suspect, this type of situation can lead to problems. If mediation fails, then get a divorce. Keep in mind that divorce takes time anyway, probably 6 months or so. Thus, I would suggest going through mediation, trying that out and then if it fails, file for divorce. If during the time before it is completed, you can always back out.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
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