New Jersey Separation Agreements Lawyer
Divorce is often a long and expensive process. Even when both parties agree on how to end their marriage, simply filing a divorce motion in court can be complicated and stressful. Whether as a precursor to divorce or as a way to settle certain relational issues, separation agreements could be a viable alternative to divorce.
A focused family attorney could help you understand the concepts behind separation agreements and how one could help in your situation. Contact a New Jersey separation agreements lawyer for help authoring an agreement that advances your interests.
Difference Between Divorce and Separation Agreements
A separation agreement allows a couple to end their marriage in every sense but a legal one. These agreements typically address many of the same matters as divorce decrees, including child custody, division of assets, and child support.
It should be noted that separated individuals do remain legally married. While many people seek a separation agreement as a precursor to a formal divorce, there is no need to officially divorce after crafting a separation agreement unless one or both parties wish to remarry.
Divorces can be arduous and costly for individuals to pursue. Merely filing for a divorce in court can cost hundreds of dollars and may require a person to wait weeks before an initial court date. If the two parties do not agree to the terms, this first hearing will rarely finalize a divorce.
Similar to a divorce, separation agreements must account for every part of the end of a marriage, including:
- Distribution of assets and debts
- Distribution of physical property and assets
- Potential spousal support
- Care of shared children
These agreements allow two parties to answer vital questions regarding their future without ever setting foot inside a courtroom. A separation agreements attorney in New Jersey could help individuals identify important issues and draft an agreement to address them.
Given that a separation agreement creates a legal duty, each party has an obligation to follow it even if they never go to court. If one spouse fails to meet certain aspects of the contract, they could be sued in civil court by their spouse.
This concept applies to issues concerning child custody, financial payments, and property distribution. If necessary, a New Jersey separation agreements attorney could work with individuals to pursue spouses who fail to perform their duties under existing separation agreements.
Couples who seek to get divorced in New Jersey will need to attend multiple court sessions that may last for an undetermined amount of time. Such a lengthy process could prove expensive and create animosity between two individuals. Many couples choose to avoid this possibility by instead entering into a mutual separation agreement.
If the parties later decide to obtain a formal divorce, a separation agreement could serve as a framework to expedite the process. Exploring your legal options with a New Jersey separation agreements lawyer could help you determine your next step. Reach out for an initial consultation regarding your legal options today.