If you are looking to separate from your spouse here in New Jersey, you don't need to spend even one second worrying about the concept of "legal separation".
It's simply not an issue.
People hear a lot about legal separation, and when their marriage is suddenly on the rocks, many people just assume that the first thing that they should do is learn all that they can about getting a legal separation.
That may be true in other states, but it is not true in New Jersey.
Simply put, legal separation is the last thing that you should be worrying about now if your marriage is in trouble.
The fact of the matter is that if you choose to, you can separate right now by simply...well, separating.
You don't need to file any legal papers.
You can just move out, if you choose to.
Now, that doesn't mean that it is a great idea to do so...prior to separating you should speak with an expert and make sure that you are handling things in a way that will be in your best interest.
But I want you to understand that you CAN move out, today, if you want to without filing any papers.
In other states, "legal separation" refers to a formal arrangement where a married couple lives apart while remaining legally married.
It involves court-approved agreements regarding various issues such as child custody, support, and division of assets.
But...and it's a BIG "but"..New Jersey law doesn’t specifically recognize legal separation in the same manner as other states.
Unlike some states that have specific statutes and procedures for legal separation, NJ doesn’t have a distinct legal separation process.
Instead, couples can opt for informal separation arrangements, which don’t require court involvement.
This means that couples here can choose to separate without obtaining a formal decree from the court, thereby avoiding additional legal complexities and expenses.
In NJ, the legal framework primarily revolves around divorce rather than legal separation.
We do have a concept known as "Divorce from Bed and Board" here in New Jersey, but that is something to learn about at the end of your learning, NOT right now.
Spending time learning about "Divorce from Bed and Board" right now will not be a good use of your time and effort.
You don't need to worry about getting a "legal separation"...instead, it would be wise for you to learn about how to approach your upcoming separation.
And you can do that right here:
