as mentioned there is no legal separation in nj. separation would just mean maintaining separate households. for all other purposes you are still considered married
This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.
IRS refers to a legal separation as being when there is a court order or agreement in place that fixes support obligations. NJ has no status called legal separation. In order to remarry you must be divorced. You can obtain a divorce from bed and board in NJ that fixed support obligations but does not free the parties to legally remarry. It can be converted to a divorce easily by either party.
There is no such thing as legal separation and there are no step you need to take in court. A divorce legally dissolves the marriage and addresses all financial, division of property, and custody issues by a final judgment, although there may be additional modification for things like alimony, child support, and custody.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the limited facts presented and is based on New Jersey. Also, this information does not contain any confidential information and does not create any attorney/client relationship.
The closest thing NJ has to a legal separation is a Divorce From Bed and Board.
The foregoing answer is submitted for informational purposes, and is not intended as a specific answer to the question posed. Always consult with an attorney prior to signing any and all agreements.
There is "Divorce from Bed and Board", which is essentially a legal separation, but you both have to agree to get it, otherwise your option is divorce.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
With all due respect, I have to disagree with the prior answers saying that there is no such thing as legal separation in New Jersey. This are not correct. You don't have to choose between disagreeing lawyers - here's the cases: https://scholar.google.com/scholar_case?case=12907753977399227561 and https://scholar.google.com/scholar_case?case=6599980253689646865 . Read for yourself.
New Jersey does have legal separation, called a "Limited Divorce" (or "Divorce from Bed & Board." - interchangeable terms). It is used most often in order to maintain medical insurance as spouses, which some policies permit (you have to check and see whether "legal separation" is "qualifying event" requiring the other person to be removed from coverage), or for religious or emotional reasons, or to establish yourselves as separate financial entitles.
Below is a letter brief I submitted to the court on this topic, at the request of a judge who had recently been appointed to the Family Part and, like the previous responders here, didn't know a Limited Divorce was.
In October, I submitted a consent judgment converting the limited divorce entered into in this matter in 1994 to an absolute judgment. I received a call from your honor's law clerk indicating that the request should be refiled along with a memorandum of law briefly explaining the background of limited divorce (a/k/a Divorce from Bed & Board) as opposed to a regular (or "absolute" divorce), and the process of converting a judgment of limited divorce to an absolute divorce.
As indicated on the enclosed consent judgment, there is no opposition to this request. Mrs. Smith consents to the conversion of the judgment (it was originally entered to keep her on Mr. Smith's medical insurance; she now has her own employer-provided insurance). If there is any question about this, the Court can reach her personally at (732) XXX (work) or (732) XXX (home).
If the court has any further questions regarding this matter, please advise.
Statement of Facts
The parties to this matter were granted a limited divorce in November 2002. Plaintiff's insurance plan permitted him to continue defendant on his coverage for so long as they were subject to only a "limited" (rather than regular or "absolute") divorce. There was no additional cost to maintain her on said insurance.
Mrs. Smith has had her own employer-provided insurance for well in excess of a year and the parties have agreed to convert the judgment.
I. THE COURT SHOULD ENTER THE ENCLOSED CONSENT JUDGMENT CONVERTING THE LIMITED DIVORCE TO AN ABSOLUTE DIVORCE.
Limited Divorce (also known as a Divorce from Bed & Board) is permitted by N.J.S.A. 2A:34-3, which provides:
Divorce from bed and board may be adjudged for the same causes as divorce from the bonds of matrimony whenever both parties petition or join in requesting such relief and they or either of them present sufficient proof of such cause or causes to warrant the entry of a judgment of divorce from the bonds of matrimony, provided further that in the case of a reconciliation thereafter the parties may apply for a revocation or suspension of the judgment, and provided further that the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of said divorce to a divorce from the bonds of matrimony, which application shall be granted as a matter of right.
A judgment of divorce from bed and board decrees a judicial separation, but does not terminate the bonds of matrimony. Weinkrantz v. Weinkrantz, 129 N.J.Super. 28 (App.Div. 1974), Mueller v. Mueller, 95 N.J.Super. 244 (App.Div. 1967). The entry of a divorce from bed and board permanently fixes the property rights of each party against the other. Lavino v. Lavino, 41 N.J.Super. 608 (Ch.1956), affirmed 23 N.J. 635, Loechner v. Loechner, 119 N.J.Super. 444 (Ch.Div. 1972).
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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