Divorce From Bed and Board

Edison Legal Separation Experienced Attorney

Mature Couple Having Arguement At HomeHelping NJ clients achieve the same result as a legal separation

New Jersey simply does not acknowledge legal separation. According to the state’s website, “if you are living separately and apart from your spouse, you may consider yourself separated.” Though New Jersey does not grant legal separation and courts don’t recognize them, there are two ways to reach the same goal. Through a separation agreement or a limited divorce, you can come to the same conclusion without having to get a divorce. If you are in need of a legal separation, contact the Law Office of Omar K. Qadeer, PC for a free consultation. Our firm is ready to guide you through your legal options and help you attain your goal. Contact our office for a free consultation.

Why do people choose legal separation over divorce?

People choose to legally separate over getting a divorce for numerous reasons. Most people seek a legal separation instead of going through the process of divorce because they want to secure certain benefits from the marriage. Some of the many reasons people choose legal separation include medical insurance, tax consequences, qualifying to become a foster parent, financial assistance, and religious beliefs. Some couples choose legal separation because they are just not ready to close the door on reconciliation. With so many reasons to legally separate, it is no wonder why some people choose this option over divorce.

How can I legally separate from my spouse?

New Jersey does not recognize or grant legal separation to its residents. New Jersey has no way of helping you. There are no supporting documents, formal guidelines or laws that will help you through the process. You will have to choose between alternatives that will reach the same goal. The first and most common way people in NJ legally separate is through a separation agreement. The other way is called a limited divorce, also known as a divorce from bed and board. In order to make the right decision for yourself, knowing the difference between the two options is in your best interests.

How does a separation agreement help me obtain a legal separation?

In NJ, the most common way to obtain a legal separation is through a separation agreement. It is simply a binding document drafted by an attorney that details the agreement to all relevant topics, including child support, child custody, spousal support, property distribution, and whatever topics are pertinent to your situation. Most often, people see settlement agreements in mediation and collaborative divorces. These documents are one in the same. If you choose, you could engage in alternative dispute resolution, have an attorney draft the document, sign it, and walk away. You could even do it yourself, but with how complicated and emotion these matters can be, the discussion can easily become heated and a couple could unknowingly set themselves up for a divorce and possible litigation. Having legal representation is in your best interests. Once a fair and just settlement agreement is drafted and signed, the document is binding. Because it is just a settlement agreement, it does not need to be reviewed by a judge or filed with a court.

How does a limited divorce help me obtain a legal separation?

A limited divorce is another alternative to divorce. Also called a divorce from bed and board, this process does involve the court and is mostly used to keep a dependent spouse medically insured. The court will decide relevant matters, including child custody, child support, property distribution, and spousal support. Once relevant factors are decided and the court passes judgment, the couple is all but divorced. This allows a dependent party to keep certain benefits. A limited divorce only works for people who don’t intend to get married in the future.

Contact an Edison NJ legal separation attorney

The Law Office of Omar K. Qadeer, PC appreciates that divorce is not for everyone. When this is the case, you should contact an attorney to ensure that, even though you are trying to come to an amicable conclusion to your marriage, that you are not being taken advantage of and your rights are not being violated. Contact our Edison firm to schedule a free consultation and allow us to guide you through your legal options.