What are the requirements in New Jersey to be separated?

Full question:

What are the requirements in New Jersey to be separated? Do you have to be out of the house or just out of the room. We are not yet considering divorce, but haven't slept in the same room in over 3 months.

  • Category: Divorce
  • Subcategory: Separation Agreements
  • Date:
  • State: New Jersey

Answer:

New Jersey law does not provide for a formal legal separation. It is possible
for you and your spouse to agree to live separately and to resolve all
financial and child-related issues in a written agreement. This agreement
may be incorporated into a Judgment of Divorce in the event you or your
spouse files for divorce at a later time. If you cannot reach an agreement,
you can obtain a divorce from "bed and board." This means that you will
continue to be married although the courts grant all other rights normally
incidental to divorce, such as equitable distribution of assets.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In New Jersey, adultery can still be grounds for divorce even if you are separated. However, if you are living separately with the intention of reconciling, it may complicate the situation. It's important to note that living apart does not automatically change your marital status, and any extramarital relationships could still be considered adultery under the law.