Q: are legal separations still allowed in nj
I can't afford a divorce because my husband will not agree and will have us in court every week if he can.We have no minor children and both own investment property .Our primary home is paid for. I just want to be able to sell this and give him half and be done.
A: NJ has what's called "divorce from bed and board." But you should contact an attorney for a free consultation. Depending on what you both want you may be able to do it yourselves or with a little help from an attorney.
A: New Jersey has never had allowed a legal separation, the closest thing to that, which exists in NJ is a divorce from bed and board, which is very limited in scope. You need to borrow the funds to retain an experienced matrimonial attorney. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
Thank you for your question.
Legal separation is not technically recognized in the State of New Jersey, however, the Court does recognize a Divorce from Bed and Board, where the parties remain married but all aspects of a divorce can be resolved. Regardless, if you and your spouse can reach an agreement it can be legally binding while you remain married. So you are aware, NJ is a no fault divorce state meaning that either party is entitled to a divorce so long as there are at least 6 months of irreconcilable differences. Your spouse does not need to sign off on the divorce for it to occur. However, if a resolution cannot be reached on custody, distribution of property and support, the Court will make the determination. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights.
I hope this information was helpful to you.
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