There are several reasons why a couple might hesitate to file for divorce:
- They are worried about how it will impact the children
- Their religious beliefs prevent it
- They want to keep their options for reconciliation open
- They want to preserve certain family benefits like health insurance
While New Jersey does not have a formal legal separation court order, it does offer alternatives.
Divorce from bed and board – This is the closest thing to an absolute divorce without terminating a marriage. A divorce from bed and board allows couples to live separately while legally resolving certain issues like property distribution and child support. Once a couple receives a judgment for divorce from bed and board, any property or debt acquired by one spouse is considered separate property rather than marital property.
Separation agreement – Because a divorce from bed and board is so close to an absolute divorce in terms of the time and expense involved, some couples opt instead for entering into a separation agreement. Also known as a property settlement agreement, this contract addresses such issues as how children, finances, and assets should be handled while the couple is separated. Once this agreement is signed and notarized, it becomes a legally binding contract. New Jersey courts will enforce these contracts provided they were entered into voluntarily with full financial disclosure and the terms were deemed fair with no evidence of fraud or coercion.
Trial separation – This is an informal agreement between spouses looking to live apart temporarily while attempting to resolve their marital problems. This agreement, while not legally binding, should address how the couple wants to handle shared child and financial responsibilities during their separation.
Under all the above agreements, the couple remains legally married. These agreements allow for both the time and space a couple may need to resolve their marital issues and leave open the door for reconciliation. If their issues cannot be resolved and the couple finds their relationship is indeed over, the terms of these agreements can be incorporated into a final Judgment of Divorce.
Separation agreements in New Jersey do not specifically require the intervention of an attorney. However, these agreements do involve complex issues which, if not properly addressed, could lead to problems in the future. Therefore, legal counsel is advised. Even if a couple chooses to use a mediator to prepare their separation agreement, each spouse should retain their own legal representation, since decisions made here could have long-term consequences, both personally and financially.