Friday, July 21, 2017
As a New Jersey Divorce Lawyer, clients often ask me about separation agreements. Separation agreements are something that you can use if you don’t have a divorce or if you do have a divorce. You and your spouse are going to separate and this agreement is going to determine some of the terms such as parenting, custody, and spousal support.
I always tell people when they come to see me and say, “I don’t know if I want to get divorced. I hate his or her guts. I can’t even call them and look at their face anymore. I don’t know if I want to just get divorced though, I just want to move.” Then I say, “What do you want to move for because if you move you still have obligations to the family. You can’t just leave.” If you have a custody or parenting situation you may be in more trouble by not being around the children.
One way to do this is to sit down and analyze the numbers and/or custody if you were getting a divorce. Don’t file a complaint for divorce. Then write to the adversary if there is an adversary, if not, write to your spouse. If you have me as your attorney I’d write directly to the spouse and I’d say, “Listen, get a lawyer. We’re going to do an agreement. We’re not going to file a complaint for divorce. My client’s not sure if he or she wants to get divorced, but they’re pretty sure they don’t want to be around you anymore.” We need to move this situation and separate these individuals. Separation agreements are not binding or signed by a judge. They are by the two people, but they have some affect when you go into court and you set up somewhat of a status quo because the separation agreement is going to be based on, presumably, what the current status is.
Are you considering getting a separation agreement? Contact our experienced New Jersey Divorce Lawyer for more information.
This educational blog was brought to you by Christopher Leon Garibian, an experienced New Jersey Divorce Lawyer.