A divorce attorney in Torrance can explain what your options are and the pros and cons of each possible course of action. Both options are a difficult decision. This is a difficult time in your life and competent legal help will help you function well. There is actually no legal separation in the state of New Jersey. A lot of people just don`t know that. They read about it on the Internet or they hear about it from family members or friends, and it is a concept that exists in other states, but not here. What you need to know is that you can physically separate from your spouse, but this is not recognized by the court and you do not have to file any special court documents explaining your separation. You can consult a lawyer or set up temporary separation terms with your spouse, but it will not be a binding contract in itself. Both legal procedures are complicated. Enlisting the services of an experienced Torrance attorney who is familiar with the process, paperwork and terms involved is crucial. It is important if you live apart from your spouse to legally separate with a formal written agreement. A written agreement deals with spousal debt issues for which you may be responsible during the separation. There are many reasons to get a legal separation or divorce if you want to end your marriage.
Choosing between the two or many other options available can be difficult. That`s where we come in. To discuss your separation from your spouse and secure your future, talk to us. Schedule a free consultation: Separation agreements usually set out things like temporary child support, custody and support, as well as other things, such as how you and your spouse handle mortgage payments, rent, and other household bills during the separation period. However, to take care of the practicalities during your separation, you need to create a document called a separation agreement. This is a written contract between you and your spouse that usually remains in effect until you reconcile or until your divorce is finalized. Separation agreements usually cover issues such as: It is important to take a legal separation as seriously as a divorce, as both are court orders that contain duties and obligations that each party must legally abide by. If the couple divorces later, judges may consider the details of the separation agreement when deciding on the divorce.
Under legal separation, the marriage can be extended for up to 10 years, allowing the spouse with the lowest income to claim social security from the other spouse. Staying married — but legally separated — means the couple can take advantage of certain tax benefits, including possible increases in deductions. The decision to separate requires a number of serious decisions regarding child support, alimony, property division, debt, insurance, and countless other matters. There is no “legal separation” in New Jersey, so it`s important that you take all possible steps to secure your future and ensure the stability and safety of your children during this uncertain time. To discuss the details of your situation, please call Weinberger Divorce & Family Law Group`s divorce and family law lawyers. We are here to listen and help. Once the actual date of separation is set, it freezes a spouse`s ability to freely spend money from a credit card or joint bank account. It also limits control over other assets such as real estate and vehicles. Some couples who separate may never choose to marry. Since couples who separate are still legally married, they still enjoy the many benefits of marriage. Separated spouses are always entitled to participate in family health insurance, to receive a spouse`s pension and to benefit from tax benefits by filing a joint declaration. In some cases, the benefits of marriage may outweigh the benefits of divorce.
Legal separation allows these spouses to retain the benefits of marriage while leading a separate life. It is important to note that since legally separated couples are still technically married, they will not be able to remarry during this period. Full divorce is necessary if one of the spouses wishes to remarry. You can work with your spouse and say, “We`re going to have this trial separation for a while, maybe six months. I`m going to live here, you`re going to have an apartment, and we`re going to share the bills that way. We will take care of the children in this special way. We`re going to set up some sort of visit plan,” or otherwise, have some sort of support agreement and then see if you want to take the next step toward divorce or ultimately reconcile your marriage. Many people do this and they are faithful to the ultimate terms of their separation, if you will. But it`s not really a legal separation that is formalized in a way.