Legal Separation in New Jersey
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There is no such thing as a legal separation in New Jersey. The closest thing to legal separation in the state of New Jersey is the 'divorce from bed and board'. In this divorce, the couple is financially separated, but legally married. After the divorce from bed and board is granted, the couple still remains married and cannot remarry unless they get a full divorce. This is a golden mean between legal separation and divorce.
The divorce from bed and board is ideal for couples who are married for a long time, have children involved and have benefits such as tax exemptions, medical expenses cover and insurance coverage by being married to each other.
As the statute of New Jersey does not recognize any documentation regarding the legal separation, you need to prepare a marital settlement agreement in order to take decisions and make arrangements about various marital issues concerning children and property.
Separation Agreement in New Jersey:
A separation agreement covers and protects both the spouses from the time they are separated to the time they decide to divorce or reconcile. The agreement is prepared by a legally authorized licensed attorney, notarized and signed by both the parties to be considered valid.
The separation agreement dictates the terms of separation regarding child custody, support, alimony or spousal support, division of property and distribution of debts, household responsibilities, etc. The separation agreement has to be recognized by the court and the provision of marital issues has to be defined clearly.
A separation agreement should consist of issues such as listed below:
The separation agreement lists in detail the payments that have to be bore by both the parties. These expenses are regarding childcare, health care, financial matters, bills, property etc.
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