You and your spouse may be having the same arguments that you cannot seem to resolve effectively. In a case like this, you may agree on one thing, and that is to spend some time apart to cool off, so to speak. But during this period of uncertainty, you may feel better if you first lay out terms and conditions that you and your spouse should respectfully abide by. You may officially do so through a legally-binding separation agreement. Without further ado, please continue reading to learn more about a separation agreement and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help you establish one.
What is a separation agreement, according to New Jersey family law?
Put in the simplest terms, a separation agreement is a written contract between you and your spouse that outlines how you are to handle issues such as child custody, child support, spousal support, and property division at the time when you will live apart from one another. Essentially, this may be how you end your marriage in every way besides legally. That is, you and your spouse may still be considered legally married even after enforcing this legal agreement.
Why would I choose a separation agreement over a divorce agreement?
Now that you understand what a separation agreement is, you may wonder why you would opt for this over a divorce agreement, since you and your spouse may virtually behave, act, and live as a divorced couple from this point forward. Nonetheless, many couples find this legal contract preferable if they have hopes for reconciliation in the future. This is because the state of New Jersey technically does not recognize a legal separation status. This means that you may end your separation agreement by simply living together once again, without the need for court approval first.
Overall, a separation agreement may be easier to establish than a divorce agreement. As you may already know, a divorce can be quite costly, time-consuming, and generally speaking, a legal headache. And even though it may be easier to establish, it may carry the same effectiveness. That is, it is still a legal contract that holds you and your spouse to certain legal duties. Otherwise, either of you hold the right to sue the other for a breach of contract in a New Jersey civil court. At the end of the day, some couples, who can remain amicable even after they part ways, agree that officially filing for divorce is not necessary unless or until one of them wishes to remarry.
To conclude, if you require additional consulting, look no further than a skilled Bergen County family law attorney from McNerney & McAuliffe. Schedule your initial consultation with us today.