Fort Lee Separation Agreements Lawyer
A separation or divorce can be one of the most challenging times in your life, which may involve expensive legal battles and drawn-out litigation. However, this does not have to be the case. A separation agreement could be a way of ending a relationship amicably and limiting the potential expenses associated with a contentious divorce and the court process.
Unfortunately, you might find that you and your former spouse do not work well together when trying to resolve issues on your own. If you are struggling to work out a separation agreement, having a legal professional in your corner could make all the difference. A knowledgeable Fort Lee separation agreements lawyer can help identify the issues that must be resolved and work to secure a fair and reasonable agreement.
What is a Separation Agreement?
Separation agreements are legally binding contracts entered into between two parties either before or following a separation. These agreements typically set forth the terms that the individuals agreed to concerning certain issues relating to the separation. There are many issues that could be resolved or presented in a separation agreement; however, the common terms contained in a separation agreement include the following:
- Child custody
- Visitation arrangements
- Child support
- Spousal support
- Property division
- Debt responsibilities
If spouses want to proceed with a divorce, they are not required to enter into a separation agreement as a prerequisite to filing for divorce. However, having these agreements in place prior to going through the divorce process is recommended to prevent unnecessary litigation on issues that the parties could have reached an agreement on prior to a court hearing. A dedicated separation agreements attorney in Fort Lee can evaluate a couple’s situation to determine if such an agreement could ultimately be beneficial.
Legal Separation Under State Law
New Jersey state law does not provide a formal legal separation for married persons, so couples that are not ready or do not want to go through the formal divorce process could utilize a separation agreement. Parties who are undergoing a “trial separation” to see if they can work out their marital differences can also use a separation agreement. A separation agreement acts much like a legal separation and is typically used as such in Fort Lee. This could give spouses a chance to address any issues they might be dealing with, and if they are able to reconcile, a separation agreement can be easily done away with.
Separation agreements are also used by spouses who cannot seek a divorce because of their religious beliefs or other reasons. Another type of separation that is available under state law is the “divorce from bed and board,” which is known as a limited divorce. This type of hybrid between a separation and divorce terminates the financial elements of a couple’s marriage, such that any property or assets one spouse acquires after finalizing the limited divorce is separate from the marital property; but keeps the couple legally married. Another reason for a divorce from bed and board may be to allow one spouse to be covered under the other spouse’s health insurance plan.
A divorce from bed and board can typically be granted based on the same reasons as a normal divorce case if they can show evidence of the reasons and show that a limited divorce would not prejudice either person if a normal divorce proceeding is sought in the future, according to New Jersey Statutes 2A:34-3. A well-versed Fort Lee separation agreements attorney can further advise an individual on the potential uses of these agreements.
Contact a Fort Lee Separation Agreements Attorney Today
Separation agreements are contracts that set out the terms for issues following a separation or divorce, so they are required to comply with state laws governing marital agreements. You could be able to settle the outstanding issues with your former spouse, but it is advisable to seek legal assistance to ensure that a separation agreement is a valid contract that will not be struck down in the future. An experienced Fort Lee separation agreements lawyer can draft a legally sufficient agreement that is fair for all parties. Reach out to our office today to get started.
