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