Often, a couple may have religious reasons for not divorcing. In addition, in New Jersey, a person must be separated for 18 months to have an “innocent” divorce. If, in New Jersey, one of the spouses lives separately for 18 months in legal separation, the husband or wife can file for divorce for no-fault reasons. If you and your spouse can`t agree on the terms of your separation agreement, you can go to court and ask a judge to take temporary assistance and custody, as well as other temporary injunctions, to resolve other issues in your separation. You can work with your spouse and say, “We will have this sample separation for a certain period of time, maybe six months. I`m going to live here, you`re going to have an apartment, and we`re going to share the bills in this special way. We will take care of the children in this particular way. We`re going to establish some kind of visiting plan,” or in some other way, have some kind of support agreement and then see if you want to take the next step toward a divorce or finally reconcile your marriage. Many people do this and they are faithful to the ultimate conditions of their separation, if you will. But it`s not really a legal separation that is formalized in some way. Your name must be removed from all rental or lease agreements for a property in which you no longer live.
If you don`t, you may be held responsible for your spouse`s bills. Separation without a break in New Jersey can be a viable solution for couples who need time from one another, but still want to leave the door open to a possible reconciliation of their relationship. In the absence of legal separation status in New Jersey, you and your spouse can reconcile at any time. Even if you or your spouse have taken the initiative to file for divorce and change your mind afterwards, you have the option to withdraw your deposit at any time before the divorce is finally stopped. If you are able to develop the terms of the agreement yourself or with the help of a family law lawyer, you do not have to go to court. Once the document is signed and notarized, the conditions are binding. If a spouse is not cooperative in entering into a separation agreement, refuses to pay agreed support, refuses to visit the child, or interrupts communications, any spouse has the right to file a lawsuit in the New Jersey Supreme Court seeking child support, custody, or access without having to divorce. This type of scenario is also common when the husband owns a family business.