Legal Separation Vs. Divorce in New Jersey: What’s the Difference?

When your marriage hits a rough patch, it can be challenging to figure out what to do next. How do you protect yourself, your children, and your financial future while deciding what path to take? At Sarno da Costa D’Aniello Maceri Webb LLC, our family law attorneys help couples and families understand the complex laws surrounding legal separation vs. divorce in New Jersey. Led by Angelo Sarno, our family law team is dedicated to guiding you through the legal process and protecting your rights and interests.

What Is Divorce?

Divorce is the formal, legal end to a marriage. In New Jersey, divorce can be filed on fault grounds such as adultery, cruelty, or abandonment. New Jersey also allows no-fault divorce, which usually involves irreconcilable differences or couples who have lived separately for at least 18 months. This is the most common type of divorce in New Jersey.

The divorce process enables couples to negotiate and resolve key issues such as:

• Debt and property division
• Child custody and parenting time
• Alimony
• Child support

Once a divorce decree is issued by the court, the marriage is legally, permanently ended. Under New Jersey’s equitable distribution law, marital property is divided fairly, though not necessarily equally.   Because divorce involves serious decisions and can have a significant impact on your future, it’s vital to have a skilled family law attorney who can protect your interests and negotiate on your behalf.

What Is Legal Separation in New Jersey?

New Jersey does not have a specific legal separation statute for married couples. This means that there is no legal, official paperwork that declares you legally separated while married. However, there are other legal remedies available if you wish to separate while remaining married.

Separate Maintenance Action

Either spouse can file for what’s called “separate maintenance,” which is a request for spousal support and other financial relief while remaining married. This option is often used when spouses want to live apart but don’t want to pursue divorce for religious, personal, or financial reasons.

Private Separation Agreements

A family law attorney can help you draft a legally binding agreement that spells out how you will handle finances, custody, and monetary support while living apart. Typically, any assets remain jointly owned unless otherwise agreed upon.

This type of post-nuptial agreement doesn’t end the marriage, but provides protection and clarity for both spouses during the separation period. Although a separation agreement can be short- or long-term, neither spouse is permitted to marry someone else without being legally divorced in New Jersey.

Legal Separation vs. Divorce: Choosing a Path That’s Right for You

Divorce and separation are deeply personal decisions. Some couples find that spending some time apart before jumping into a divorce helps them reconcile. On the other hand, a separate maintenance action or private separation agreement may sometimes serve as a stepping stone toward divorce.

Because separation still provides certain legal and financial protections, remaining separated long-term is the most practical option for some couples. This may be due to issues like religious or cultural beliefs, complex finances, owning a business together, and concerns about health insurance and other benefits.

If you feel you’re ready to make a new start and move on from your marriage, divorce may be the right choice for you. The most important thing to keep in mind as you make these decisions is to understand the implications and take action to protect yourself. An experienced New Jersey divorce attorney can provide an objective perspective and offer legal guidance that addresses all aspects of your situation.

How a Family Law Attorney Can Help

When considering separation or divorce, the choices you make early on can affect your emotional and financial well-being for many years to come, especially if you have children. Our knowledgeable, compassionate divorce lawyers know how difficult these decisions can be and are here to guide you every step of the way.

New Jersey law is complex – our family lawyers explain your options in plain language that’s easy to grasp. Our divorce lawyers ensure that you clearly understand your rights and how your choices may impact your desired goals and circumstances.

Drafting and Reviewing Agreements

If you and your spouse choose separation, it’s vital to have an experienced attorney draft a clear, enforceable agreement that protects your rights. The same goes for divorce – your family law attorney can negotiate and help you come to an agreement that addresses property division, child custody, alimony, and other matters specific to your situation. Our divorce lawyers are experienced negotiators and are well-versed in alternative dispute resolution methods such as mediation and arbitration.

Advocating in Court

Although resolving issues through negotiation is ideal, if disputes can’t be resolved or a divorce is contested, our certified matrimonial attorneys can help you prepare for trial and represent you in court. Our tenacious divorce attorneys make sure your voice is heard and your interests are protected.

Protecting Children’s Interests

When children are involved in a divorce or separation, things can quickly become contentious. Your family law attorney can help you create a fair parenting plan that prioritizes your children’s stability and well-being while safeguarding your rights as a parent.

Planning for the Future

Whether you choose divorce or separation, your family lawyer can help you envision what the future may look like when it comes to issues such as retirement benefits, long-term financial support, children’s higher education, and changes in living arrangements. This can help you avoid problems down the road.

Our New Jersey family law attorneys know that the decision to separate or divorce is one of the most difficult choices a couple can face. Angelo and our family law team can help you navigate these decisions with confidence and achieve an outcome that works best for your family.

Find Experienced Family Law Attorneys Near You in New Jersey

At Sarno da Costa D’Aniello Maceri Webb LLC, we help couples navigate family law matters with compassion, clarity, and respect. To learn more about legal separation and divorce, contact us or call  973-274-5200 to schedule a consultation with a family law attorney near you in New Jersey. We offer several convenient locations to serve you, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.