In many states in the United States, separation is the first step couples take when a marriage hits a rough patch before going through a divorce. Some use it as a trial period to figure out whether or not reconciliation is possible. Others use separation as a long-term solution if divorce cannot be considered, maybe because of religious beliefs.
Things are quite the same here in New Jersey, a state known for its mix of lively urban centers, peaceful suburbs, and proximity to major metropolitan areas. Many couples in NJ also choose separation as a way to work through issues or take time apart before deciding on divorce.
If you face a situation where separation feels like the right path, it’s essential to understand the rules around legal separation in NJ, especially since the state does not officially recognize it in a traditional legal sense.
New Jersey Legal Separation Terms
Unlike other states, New Jersey does not have a formal process for legal separation. Couples in NJ are either married or divorced, but there are other loopholes you can find. Spouses can still live apart and create their terms.
However, living apart for more than 18 months can be grounds for a no-fault divorce in the state. On the other hand, a 6-month separation can be used as irreconcilable differences when filing for divorce. Spouses can create their terms of separation through a private agreement or through a divorce from bed and board, which we will discuss below.
The Consequences of Zero Legal Time Limit Separation in New Jersey
Technically, you can be separated from your spouse for as long as you want in NJ. No law requires you to file for a divorce after a certain amount of time apart. However, staying separated for an extended period without legal boundaries can lead to a number of issues, such as:
- Financial entanglements, if one spouse collects debts or gets a property during the separation period, determining who is responsible can be complex.
- Child-related decisions like custody, visitation, and child support arrangements may lead to conflict.
- A long separation without clear financial records can make alimony negotiations difficult at the end of the day.
- How you file taxes jointly or separately during your separation can have financial consequences.
Why You Should Consider a Separation Agreement
To avoid these complications, couples may opt for a separation agreement. This document outlines how you will handle shared responsibilities like bills, custody, and child support.
A separation agreement doesn’t have to go through the court. But it is legally binding if both parties sign it. This document also provides a clear picture of what to expect during separation and offers protection in the event that the separation leads to divorce.
Divorce from Bed and Board
If you need legal protection similar to what is in a divorce, but you are not ready to fully dissolve the marriage, New Jersey offers an option called divorce from bed and board. This is a legal separation that addresses financial matters, such as property distribution and child support, while the couple remains technically married.
Divorce from Board and Bed is considered a 99% divorce because couples address all the same issues without signing the final paper.
Why Spouses Choose Separation Options Instead of Divorce in New Jersey
Most people opt for separation mainly because of the children and religious practices. Families may opt to stick together instead of subjecting kids to the emotional turmoil of a divorce. Also, some religious denominations, like Catholicism, do not allow for divorce.
Conclusion
Therefore, you can stay separated in New Jersey for years without any legal interference. Nevertheless, the longer a separation goes without clear boundaries, the more likely it will result in complications. If you are considering a long-term separation in NJ, consult an attorney to draft an agreement to protect your rights.
