Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

East Brunswick Separation Agreement Lawyer

The end, or potential end, of a relationship can be a frightening experience. However, many married couples do decide to try a trial separation prior to a more final decision like a divorce. During this time, it may make sense to enter into a separation agreement. The agreement would lay out specific rules during the separation and settle issues temporarily such as spousal support, child support, child custody, and visitation.

However, you do not want to agree to anything without at least speaking to an East Brunswick separation agreement lawyer first. The last thing you want to do is inadvertently give up rights you have or agree to unfavorable terms, especially when a court may consider your temporary agreement if you decide to move forward with a divorce. Contact a skilled divorce attorney as soon as possible about your case. 

Separation Agreement Drawbacks

There are a few potential negative side effects with separation agreement such as:

  • Lingering uncertainty for certain issues, for example property cannot be divided until the divorce
  • New laws scrutinize couples who appear to be separating permanently and do not legally divorce because of health insurance issues
  • If someone are unsure of whether the relationship is meant to end entirely, a separation agreement may cause further problems in the marriage
Separation Agreement Benefits

There are, however, far more benefits in creating a separation than not. Some of the most common benefits are:

  • Marital tax benefits remain while the two are still married
  • Increased flexibility, while undergoing a divorce the judge will make decisions on various issues whereas with a separation agreement the two spouses can come to a settlement they both agree to
  • Less uncertainty, while having a separation agreement there is less chance of constant financial arguments or time with children
  • Swiftness – a separation agreement can be created quickly and takes far less time than judicial procedures
Process of Creating a Separation Agreement

There are two options to create a separation agreement. Someone can go to the court system and have a judge issue temporary orders during a separation. Alternatively, the individual and a East Brunswick separation agreement lawyer can work with the other spouse and their attorney to create a separation agreement.

New Jersey law does not use the term legal separation, instead they use the terms divorce from bed and board or limited divorce. If someone separates from their spouse and no longer lives in the same household they can have a judge issue temporary orders for child support, custody and spousal support.

However, if someone is looking to avoid going to court especially if they are trying to remain friendly and possibly return to the marriage, then negotiation may be a better idea for them. In this scenario, the person can set up a meeting between both spouses and East Brunswick separation agreement lawyers.

How Often Should Someone Meet with a Lawyer?

Depending on the complexity of the circumstances, the individual could meet with attorneys would meet once or several times to decide on a few core issues. Typically, these issues include decisions on how to divide financial responsibilities, shared debts, custody and visitation and any spousal or child support.

With these agreements, people can choose to firmly follow the letter of the law by using New Jersey’s guidelines for spousal support and child support. They can also use the best interest of the child factors to decide on custody. However, when someone already decides to set up an agreement without going to court they may want a less strict approach.

This will allow couples to reach agreements about support that will not severely financially impair either person. It also allows parents to create arrangements that work best for their own schedule.

How an East Brunswick Separation Agreement Attorney Can Help

Regardless of which option you chose, you should speak to an East Brunswick separation agreement lawyer that can help you understand which option is best for your individual situation.