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Marital Separation

Marital Separation in NJ: Protecting our Clients’ Personal and Financial Interests

Legal Separation in New Jersey When a married couple in New Jersey elects to separate before deciding to divorce, it is important to understand that New Jersey, unlike some jurisdictions, has no formal status for “legal” separation. That’s why it is particularly important that spouses who are separating consult with an attorney to understand what can or cannot be accomplished by consensual agreement, prior to either party filing for divorce.

When spouses fail to address these issues at or around the time of separation, they might encounter complications in the future if and when either spouse decides to divorce.

For example, under New Jersey law, the filing of the Complaint is the legal end to the marital partnership regardless of a prior separation. This means that assets acquired through the complaint date are technically subject to equitable distribution. However, just because an asset may be subject to equitable distribution does not mean that it will be divided at all, let alone equally. Instead, the court may make a determination of what is appropriate based on whether the asset was acquired by one spouse without contribution from the other. Similarly, if a business is a marital asset, the increase in value of the business after separation can be subject to the same areas of dispute.

These issues, and more, need to be considered by both spouses at the time of separation in advance of proceeding to divorce.

Of course, parents must also consider all of the issues related to their children that would be addressed in a divorce. This includes how they will divide time with their children, where the children will reside, who will make determinations for their children, and more.

At Skoloff & Wolfe, we protect our clients’ interests by giving them the benefit of our decades of leadership at the forefront of family law. It’s our goal to work to achieve creative and amicable resolutions; and, if separation should lead to divorce, we are powerful advocates in court working to achieve the best result on behalf of our clients.

Our family law practice is primarily focused on representing high net worth individuals and/or their spouses, and we have extensive experience handling complex cases valuing assets and businesses to ensure that our clients achieve the outcomes they deserve.

Legal Separation: Putting Our Clients’ Families First

When it comes to parenting responsibilities and child custody, our attorneys bring to bear decades of combined experience to help our clients manage the always evolving factual, expert and legal issues involving children in legal separations and divorce. We understand that there is nothing more important to our clients than the well-being of their children.

To help clients make the best decisions for themselves and their children, our family law attorneys strive to achieve the absolute best results that will help protect their children and their financial future, with total discretion given to their marital situation and personal information.

When Separation Leads to Divorce, Skoloff & Wolfe Provide Facts & Guidance

We have represented clients in family law matters for more than 65 years. In fact, we are co-author of New Jersey Family Law Practice, the state’s leading resource for family law used by judges and attorneys across the state. This depth of experience and knowledge makes us trusted advisors for our clients who benefit greatly from having access to our legal services.

Do you Have Questions About Marital Separation in New Jersey? Contact Us Today

To discuss legal separation and separation agreements with a Skoloff & Wolfe family law attorney, give us a call at (973) 232-2988.

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Jonathan W. Wolfe jwolfe@skoloffwolfe.com

Jon, the Managing Partner of the firm's family law and litigation practices, focuses on sophisticated business litigation and significant matrimonial disputes. A major portion of his practice is devoted to business valuation, the treatment of trust assets in divorce and the protection of non-marital assets.

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Gary N. Skoloff gskoloff@skoloffwolfe.com

Gary is one of the founders of Skoloff & Wolfe, PC and is a nationally recognized family law practitioner. He has argued many of the leading and most high-profile matrimonial cases in the state, including the well-known surrogate mother case of Baby M.

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Jane J. Felton JFELTON@skoloffwolfe.com

Jane has an extensive litigation background and has a love for “hard cases,” particularly those involving complex business interests, trust assets in dispute, and cases that raise unsettled questions of law.

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Rachel L. Friedman rfriedman@skoloffwolfe.com

Rachel L. Friedman joined Skoloff & Wolfe, P.C. as an associate in 2019. Rachel is admitted to practice law in New Jersey and has focused her practice on family law matters.

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Kimber L. Gallo kgallo@skoloffwolfe.com

Kimber understands that a divorce can be one of the most difficult experiences for a person to go through and is committed to ensuring that she helps her clients navigate the entire process from start to finish.

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Richard F. Iglar riglar@skoloffwolfe.com

Rick devotes his career to the practice of family law including divorce, custody, child support, alimony, domestic violence. His philosophy has always been to resolve every family law case with the priority on the client’s goals and the client’s financial and psychological needs.

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Beatrice E. Kandell bkandell@skoloffwolfe.com

Bea is a true counselor to her clients, working with them to understand the issues they confront and to identify their best path forward to achieve their goals.

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Andrew J. Rhein arhein@skoloffwolfe.com

Andrew Rhein joined Skoloff & Wolfe, P.C. as an associate in September 2019. Since graduating from law school, Andrew has focused his practice on family and matrimonial law matters.

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Richard H. Singer, Jr. rsinger@skoloffwolfe.com

Richard has represented a broad spectrum of individuals and has been involved in many complex financial disputes in the divorce context, including matters involving business owners, high-ranking executives, professional athletes and other celebrities.

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Barbara A. Schweiger bschweiger@skoloffwolfe.com

Barbara has solid experience in representing clients in the financial services, accounting, architecture, medicine, manufacturing, bio-tech, and pharmaceutical industries.

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Betsy W. Bresnick bbresnick@skoloffwolfe.com

Betsy handles all aspects of family law, including child custody, equitable distribution, alimony, protection of non-marital assets, and the preparation and litigation concerning prenuptial agreements.

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Hon. David J. Issenman, JSC (ret.) dissenman@skoloffwolfe.com

Judge Issenman, who served on the Bench from 1992 through 2012, retired as New Jersey’s longest sitting Family Division Judge. Judge Issenman heads the firm's mediation and arbitration practice.

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Thomas J. DeCataldo tdecataldo@skoloffwolfe.com

Tom focuses his practice on the area of family law and has handled a wide range of family matters impacting divorcing parties and their families. Mr. DeCataldo has successfully represented clients from all walks of life.

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Grant W. Waterson gwaterson@skoloffwolfe.com

Grant has devoted his professional practice to all areas of family law, including divorce, custody, child support, alimony, property division, premarital agreements and domestic violence.

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Allison P. Berecz aberecz@skoloffwolfe.com

Allison has experience in all areas of family law but particularly with respect to challenging custody and parenting issues and complex financial matters, both in the areas of support and in the division of marital estates.

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Patrick T. Collins pcollins@skoloffwolfe.com

Patrick is one of only four attorneys in New Jersey to have been qualified by the Supreme Court as both a Certified Civil trial attorney and a Certified Matrimonial Attorney.

Click here for additional information regarding the criterion for inclusion or membership for lawyer awards, associations & certifications.
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