Legal Separation
Many people contact our firm because they are considering separating from their spouse and they want to know about how to obtain a "Legal Separation". We tell them that there is no such thing in the State of New Jersey as a " Legal Separation"; they can simply move out tonight if they wish to (of course, they cannot simply abandon their responsibilities, both financial and otherwise, for a spouse and children).
The fact of the matter is that unlike some other states, New Jersey does not have a formal law authorizing Legal Separation.
However, in New Jersey, it is possible to negotiate all issues of support, children, and property distribution, and have an agreement reached with your spouse that has been drawn up into a formal "Marital Settlement Agreement", or "Interspousal Agreement", or "Property Settlement Agreement" without ever obtaining a divorce.
One can also file a Complaint with the Superior Court of New Jersey seeking child custody, child support, alimony (or all three) without also filing for divorce.