Union County Separation Agreements Lawyer
When couples consider taking time apart or ending their marriage, they should take the time to understand all their options. Divorce is not always the best solution, and a separation agreement may be an ideal alternative.
Separation agreements are written legal contracts that allow you and your spouse to make essential decisions regarding financial responsibilities and the separation of assets and debts while you are not living together but remaining married. An experienced family law attorney can walk you through your options to help determine what type of agreement is the right choice. Schedule a consultation with a dedicated Union County separation agreements lawyer to review your case.
What Is a Separation Agreement?
The purpose of a separation agreement is to address the issues a couple would address during divorce proceedings, but without legally ending the marriage. Couples may opt to sign a separation agreement before divorcing, allowing them to separate residences, property, and other financial responsibilities without a divorce.
Some of the issues these agreements can address include:
- The division of property
- The distribution of debt
- Parenting plans, including custody arrangements and visitation
- Child support
- Spousal support
- Payment of attorney’s fees
The specific terms included in separation agreements are flexible, allowing individuals to address the issues most important to them. A Union County separation agreements attorney can answer specific questions and help spouses draft a document that meets their needs.
The Difference Between Divorce and Separation
There are a few primary differences between divorce and separation agreement processes. The first is that the spouses remain married and still have some of the benefits of marriage, including the ability to share health insurance. A separation agreement allows a couple to collaborate on important decisions regarding child custody, visitation, and financial support without legally ending the marriage.
These legally binding contracts can be beneficial for those who are trying to resolve marital issues and believe they may eventually reconcile. However, there are also disadvantages to choosing a separation agreement over a divorce. For example, financial institutions may consider a spouse to remain responsible for the other person’s debt after their separation. Additionally, if both spouses are on the deed for any real estate, homeowners insurance policies and other entities may no longer consider the property “owner occupied” if both spouses are not living there.
Divorce From Bed and Board
Divorce from bed and board is another alternative to standard divorce proceedings in New Jersey. According to the New Jersey Statutes Annotated § 2A:34-3, a divorce from bed and board ends certain financial elements of a couple’s marriage without legally finalizing the divorce proceedings. That means if one person buys or receives new property or debt, the new property is owned personally rather than jointly with their spouse. A Union County separation agreements lawyer can review all available options to help spouses determine the best way forward.
Speak With an Experienced Separation Agreements Attorney in Union County
Deciding to end a marriage is always challenging. While you know it is the right choice to spend some time apart from your spouse, you may be hesitant to pursue a full divorce. In these cases, you may choose to enter into a separation agreement.
You can use a separation agreement to divide property, assets, and determine custody while retaining access to the unique benefits of legal marriage. Down the line, you can choose to either restore your marriage or pursue divorce proceedings. Schedule to meet with a seasoned Union County separation agreements lawyer for more information.