Marriage is an institution where two people can enjoy living in happiness and sharing love. Marriage is likely to last for as long as the two shall live but not always the case. At times you wish you knew it all before signing the certificate. Many expect it was like a house made of glass walls, so you could tell what lies ahead. Unfortunately, nobody knows that their spouse can turn into a burden.
A popular route to escaping the burdening institution can be through a divorce or a legal separation. Some people will have reasons why not to go for a divorce. Considering a legal separation is advantageous and also brings forth disadvantages. It all depends on the goals each couple has.
The couple settles for either of the processes, and it is essential to treat your spouse with ultimate respect and honor. They did not rub the magical lamp and made a wish for their marriages to be troubled. Here is a guide one should follow when pursuing a legal separation. Read on.
Legal separation is a term that is not popular in New Jersey. If a couple feels the need to live separately, they have two options. The options will include an informal separation. This has resulted when a couple lives separately from one another informally. If you need to legalize separation, you can still engage. Couples under such circumstances resolve their issues based on a separation agreement.
Another option for separation in New Jersey is known as divorce from bed and board (DBB). This is similar to divorce, as it must include legal action. One must file for separation and cite legal grounds. This is similar to filing for divorce in the state.
After finally making up your mind, you get to the next step of filing. This has to be done in a court of law, and a few procedural stages are involved. Before we go to the settings, it is essential to meet the requirements that include:
Other documents will include sworn documents about your finances and the welfare of your children. You can go ahead to court and file for legal separation. Next is to serve your husband with the notice. This lets them know of the legal case impending in court. Nest will be in court proceedings and the verdict for legalizing the separation.
Legal marriage does not dissolve a marriage. The process retains the marriage technically despite the couple living separate lives. Compared to couples who have gone through a divorce, there are multiple advantages of getting a legal separation. They include:
Legally separated couples encounter disadvantages over those who go directly for divorce. Understandably, there are reasons why you did not pursue a divorce in the first place. Some of the challenges couples encounter may include but are not limited to:
There are differences and similarities between legal separation and divorce. The two processes will mainly separate a couple and seek resolution of a few other issues that include:
It is worth noting that not all separation cases are similar. Some will take a longer time frame than others. On average, time is required to study the separation case before court proceedings start. After they have started, it takes approximately 2 - 8 months to close the case. Other issues lengthen this time frame, including the content of matters. For instance, when a couple of files are for child custody contention, it affects the period and the amount spent.
Filing a legal separation case requires making a payment. In New Jersey, every case is taken differently and uniquely. Cases of separation from marriages with children will pay different filing fees for families without children. Roughly, the case will require $15-$20 depending on whether the couple's agreement to avoid contention.
Other charges will affect the overall legal separation case. Attorney charges are often overlooked. They depend on the hourly rate of the attorney. Each attorney has unique rates, and the final cost will depend on the time it is taken to close the case.
Family law judges in New Jersey will make decisions built on the child's best interests. Some factors that are considered before making the decision include:
This will lead the judge to decide whether to award sole custody or shared custody. Sole custody refers to a decision made where one parent is entrusted wholly with the responsibilities of bringing up the child. This is in terms of social and economic aspects. There are instances where both parents are accorded custody, one parent takes care of the children almost full-time, and the other is granted visitation permission. Financial responsibilities and decision-making are shared among the children.
A trial separation is an informal separation between a couple. In this agreement, the law does not have any influence. Therefore, the couple will handle the issues that come with separation. Such issues include child custody and division of household property, among others. For most couples, this stage is necessary and popularly known as the cooling-off period.
Legal issues are attached to many complicated procedures. Some requirements may be challenging to comprehend. When a couple is in disagreement, it is difficult for them to agree even on the simplest of issues. Seeking attorney help ensures you are rightfully and legally represented. The attorney hasted the separation process because guidance was offered to avoid contention. Attorney help is especially required when one party cannot agree to anything the other party suggests or needs.
This is the most important document a separating couple should prepare. It helps to keep away contention, thus keeping the legal separation process short. Saving time means saving money and reducing stress caused by the separation.
The separation agreement is a legally binding document that states how property and issues should be handled and executed during and after the separation process. There are key points to include in the separation documents that affect children, spouses, and property.
Multiple advantages come with the preparation of this document. One of the greatest is avoiding time loss when contending with issues in the separation. A couple should prepare this document with the honesty of financial status. They should also respect one another since they will discuss many issues. Once the agreement document is prepared, the following should be prioritized:
Attorneys for help may be seeking to help the couple reach solutions amicably.
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