In matrimonial law, there are a minefield of issues.
Do you have to file a Complaint for Divorce to start your divorce? If you retain a lawyer, do you have to go to court (also called “litigating” or “litigation”)? When you file your Complaint for Divorce, does it have to be for extreme cruelty or abandonment? Do you have to be divorced before a Marital Settlement Agreement is effective? Is there such a thing as legal separation in New Jersey?
No. You have many options that you can exercise to avoid harm to yourself and your family during your divorce or separation. While there is no legal separation in New Jersey, you can still separate and have an agreement as to your issues. To learn the variety of options in your case, you must speak with a well-versed New Jersey divorce and family law attorney.
Divorce (also called Absolute Divorce) has legal ramifications that separation does not. When you are divorced, your spouse cannot carry health insurance for you. You no longer accumulate benefits on your spouse’s earnings record for Social Security. Your spouse can change beneficiaries on his life insurances and retirement assets without your knowledge. There are other benefits to marriage that a divorce terminates.
Divorce from Bed and Board does not dissolve the bonds of matrimony. In some cases, individuals may continue to carry health insurance for their spouses. Certain other benefits of marriage continue. However, spouses almost always divide their assets and liabilities, provide for alimony, child custody, parenting time, and child support as they would in an Absolute Divorce. At any time, either spouse can make an application to the court for an Absolute Divorce, and the settlement terms under your Divorce from Bed and Board stay in place unless you and your spouse agree otherwise.
Divorce and separation in New Jersey can be technical, but you have many options that you can use to your advantage. And there are many agreements that may be made along the way, which are made privately without court involvement, and many ways you and your spouse can use to reach these agreements. Over 95% of all divorce cases in New Jersey settle privately.
Keith Law Firm, LLC serves clients from Union County, Essex County, Hudson County, Morris County, Somerset County, Hunterdon County, Somerset County, Middlesex County, Monmouth County, Hunterdon County, Warren County, and Hudson County.
If you have questions regarding your specific divorce or separation issue, speak with a well-versed practitioner at Keith Law Firm, LLC who will provide you with individualized legal counsel. Ideally, you may find a reasonable way to resolve your issues outside of court. This may involve negotiation, mediation, or the Collaborative Law process.