Separation Agreement Attorneys Morris County, NJ
Morristown Law Firm Serving Clients in Chester, Randolph, Mt. Olive, Parsippany, and the Surrounding Areas
Many of our clients in areas such as Chatham, Madison, Randolph and across Morris County are curious about separation, and what options it may provide them legally and financially. For many people, separation is an attractive option because it can give them some physical space while allowing for possible future reconciliation. For others, separation allows them to stay married for religious or financial reasons while accounting for necessary considerations like child support and/or alimony.
At The Law Office of Laufer, Dalena, Cadicina, Jensen & Bradley, our family law team has helped many clients to draft legal separation agreements which protect the financial future of their families. Practicing exclusively family and divorce law, we have the experience and legal knowledge necessary to handling the complexities of separation and divorce, and we are ready to use them on your behalf.
Morris Township Legal Separation Agreement Lawyers
Unlike divorce, a legal separation agreement can be drawn up, notarized, and signed without involving the court system. A Separation Agreement will outline the terms of the couple’s separation, and will seek to address key issues such as child custody, child support, spousal support, division of marital property, and payment of marital expenses such as loans, taxes, and medical bills and health insurance.
While their are cases where a separation agreement can be voided, which we will discuss below, it is highly recommended that you retain experienced Morris County legal representation when drafting your separation agreement. This agreement will greatly affect the standard of living for both you and your children moving forward, and as such it is critical that you have an attorney to guide you through the process and ensure that any agreement you enter into is fair and protects your rights and interests. Additionally, your attorney can be a great asset helping you and your spouse to make the compromises necessary to any division of asset and responsibility process.
When Can a NJ Separation Agreement be Voided?
Separation agreements are generally legally binding, but there are certain cases where an agreement can be voided. If you or your spouse wishes to present a case to void your existing separation agreement, you can claim:
- The existing separation agreement does not represent a fair and equitable distribution of marital assets
- The existing separation agreement is unconscionable (meaning no fair or honest person would accept it)
- The existing separation agreement was made under duress (meaning one spouse coerced the other into accepting the agreement)
- The existing separation agreement was made based on erroneous information (for example an appraisal of the family home turns out to be highly inaccurate)
For help with voiding your existing separation agreement, contact The Law Office of Laufer, Dalena, Cadicina, Jensen and Boyd to begin reviewing the facts of your case and preparing a strategy moving forward.
Divorce on Grounds of Separation Attorneys Randolph, NJ
If you have been separated from your spouse (living in different homes) for a period of at least 18 consecutive months, and believe there is no hope of reconciliation, you can file for a no-fault divorce in New Jersey. A no-fault divorce in New Jersey means that your spouse cannot contest the divorce itself, only the exact terms of your divorce settlement. If you have an existing separation agreement, it may help to set terms for your divorce settlement, but you will still have to re-negotiate child custody, child support, spousal support, and alimony. Any time you are negotiating such critical terms it is important to retain the counsel of an experienced Morris County divorce attorney. Your attorney can help you to ensure your rights are protected throughout the process, and fight for the divorce settlement you deserve.
Bed and Board Separation Lawyers Mt. Olive, NJ
One final aspect of separation to consider is that of “bed and board separation”. Bed and board separation is a legal New Jersey proceeding in which a couple becomes economically divorced, but still legally married. The major advantage to a bed and board separation over a divorce is that the couple remains legally married, allowing both parties to receive insurance benefits as a couple. If one party has an insurance plan or benefits package which the other party relies on, bed and board separation can be an advantageous legal option.
Bed and board separation is also common among couples whose religious beliefs prevent them from divorcing but do not wish to live together and co-mingle finances, as well as older couples who do not wish to remarry and rely on one spouse’s benefits plan for their health coverage.
Unlike a separation agreement, a bed and board separation is decided in court. You will wish to seek legal representation to guarantee your rights and interests in matters such as marital property division are protected. Our experienced Morristown family law attorneys can help you to negotiate and settle your bed and board separation agreement.
Contact a Morristown Separation Lawyer Today
Whether you are seeking a separation agreement, a no-fault divorce on grounds of separation, or a bed and board separation, The Law Office of Laufer, Dalena, Cadicina, Jensen & Bradley is ready to assist you throughout the process. Practicing exclusively family law, we are uniquely suited to helping you with any issue related to family law and divorce including child custody, child support, division of assets, and spousal support.
Many members of our family law team have been repeatedly nominated to the Super Lawyers list as it relates to family law. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of both peer recognition as well as professional achievement. For a complete list of our lawyers and their years of inclusion to the Super Lawyers list, you can view our attorney profiles or scroll down to the section below.
To speak with one of our highly experienced separation attorneys today in a free and confidential consultation, contact us online or through our Morristown office at 973-975-0441.