Monmouth County Separation Agreements Lawyer
Divorce proceedings can require years of litigation and negotiation before finalization. Some spouses may not be sure they want to go through this yet. Some spouses may also want to see if a trial separation can save the marriage. Some spouses may also want to retain certain benefits that come from a marital relationship such as insurance policies and inheritance. Therefore, for any number of reasons, some couples choose to sign separation agreements instead of or to put off pursuing an actual divorce.
A marital agreements attorney at Moskowitz Law Group can help separating spouses understand their rights and responsibilities and draft clear terms for spousal support, child custody, child support, and the division of property. Call an experienced Monmouth County separation agreements lawyer if you have questions or need help drafting such an agreement.
Legal Separation is Different from Divorce
A separation agreement is a solution for couples who are experiencing challenges in their marriage but want to spend time apart before deciding to commence divorce proceedings or retain other benefits of marriage indefinitely without having to live together. These agreements are legal documents that establish terms for a separated couple that remain in place until they decide to reconcile or file for a divorce. Separation agreements may include guidelines for the division of marital property and debt, as well as guidelines for child custody and support. You may have heard the term “legal separation.” There is no such thing in New Jersey because New Jersey courts have no authority to order legal separations. Thus, a solid separation agreement is crucial to ensuring that both spouses conduct themselves accordingly during the separation.
A Monmouth County separation agreements attorney can help draft a comprehensive legal contract to ensure it covers all the issues important to a spouse.
A Divorce From Bed and Board
A similar process is a divorce from bed and board. Divorce from bed and board is a legal contract a married couple can enter into when they no longer want to reside together. According to New Jersey Statute § 2A:34-3, two spouses can enter into a divorce from bed and board for the same reasons as the standard divorce proceedings. However, while a person can file for divorce without their spouse’s consent, both parties must agree to a separation for the terms of the contract to be valid. A legal professional can listen to a spouse’s concerns about their relationship to determine what type of agreement is the best choice for addressing them.
Separation Agreements Can Protect Your Legal Rights
Physical separation does not impact the couple’s marital status, and they will share the rights and responsibilities without an actual divorce unless they agree otherwise in a separation agreement. Married individuals are rightful owners of the property and assets their spouse takes on during marriage. The law also makes them legally responsible for new debts and responsibilities. A valid separation agreement considers potential problems these responsibilities could create before a divorce is final, providing protection until the couple is no longer legally married.
These agreements can provide each person with a sense of security as they transition to a new life apart. After executing separation agreements, the individuals still have the legal right to make alterations to the terms or terminate the agreement altogether. A Monmouth County attorney can help draft a separation agreement that gives a spouse peace of mind knowing what is expected of them during this transition.
Call a Knowledgeable Separation Agreements Attorney in Monmouth County Today
A legal separation can allow you and your spouse to spend time apart while knowing your assets and interests are legally protected. These agreements can provide guidance about your responsibilities during the separation and after the divorce.
While there is no statute covering separation agreements in New Jersey, the family courts typically honor agreements drafted voluntarily that are fair to both people. Schedule to meet with a qualified Monmouth County separation agreements lawyer to discuss if this contract should be the next step for your relationship.
