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

New Jersey Separation Agreements Lawyer

The possibility of a divorce is upsetting to everyone involved. Prior to the drastic step of divorce, many couples agree to decide on a trial separation to see how they want their relationship to proceed. In those situations, couples may want to hire a New Jersey separation agreement lawyer to settle issues regarding spousal support, child custody, visitation and child support. Other more permanent issues like dividing up property are not handled during a separation because the couple is still legally married. A distinguished divorce attorney can help you design the most appropriate agreement for your family. 

Advantages of a Separation Agreement

There are several benefits to entering into a separation agreement, mainly that it gives both parties an idea of what a divorce would look like without the finality of a divorce. Some other benefits include:

  • Speed: while a divorce may take months to years, a separation agreement can be much faster to resolve issues
  • Flexibility: any terms someone wants in a separation are allowed, whereas with divorce a court will most likely have to sign off on any agreement
  • Continued tax benefits
  • Ability to remain on the same health insurance
Disadvantages of a Separation Agreement

One of the biggest drawbacks New Jersey separation agreement lawyers see often is working with couples that may not take this agreement as seriously. The court may use it as a basis for deciding more permanent orders when finalizing a divorce.

If a couple is not ready to end a relationship then separation may cause more harm to it, damaging the relationship. New Jersey has laws that prevent people from using a separation as a way to remain on health insurance even when a couple is permanently done with the relationship.

With a written, separation agreement there will be less back and forth on financial issues and custody issues. This gives the family a level of certainty that may be necessary for them at this time. Permanent property division is typically not handled in separation agreements.

Separation Agreements and the Law

Separation agreements can be more informal, meaning that an individual and their spouse meet with a New Jersey separation agreement lawyer and write out what they want during the separation.

Common issues that can decided during the separation if there are no children are potential spousal support and how to divide up the shared bills like if there is a house or apartment in both names.

If there are children involved in the marriage a separation can also include child support, custody and visitation. Former spouses can decide to base the amount of child support on guidelines that a New Jersey separation agreement lawyer estimates is fair.

Formality of Custody

Likewise, strict custody schedules are an option. There is also the option of having a more flexible schedule where each parent can see the children as they can based off of their work and personal schedules.

Separation agreements can also be more formal and put into a court order. Although New Jersey does not recognize legal separations they may issue a court order for a divorce from bed and board.

This is also knowns as a limited divorce. With this type of situation, the court has the power to issue temporary alimony, custody and child support orders.

Help from an Attorney

A New Jersey separation agreements lawyer can help you figure out which option is best for you in a separation, either a less formal agreement created by your lawyers or a more formal limited divorce.

Your attorney can try to make it so that your agreement is fair to everyone involved and adequately represents what you may want out of a final divorce.