Get the up-to-date Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed - New Jersey 2023 now

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Because New Jersey does not have a specific legal process for legal separation, the only way to end a marriage (aside from death) is a divorce. A written separation agreement if done correctly, can a binding contract that does not end your marriage and is not an alternative divorce.
Separation: To file for divorce based on separation, the couple must have been living apart for at least 18 months. Extreme Cruelty: To file on the grounds of extreme cruelty requires proof of other factors. You should consult an attorney or read N.J.S.A. 2A:34-2 to see if the statute applies to your case.
One must only be able to say, Irreconcilable differences exist that cause the breakdown of marriage for at least 6 months. Irreconcilable differences can be almost anything.
First, have both parties disclosed all of his/her bank accounts? Any bank accounts that were opened during the marriage or funded during the marriage are usually considered marital property and subject to equitable distribution.
New Jersey is an equitable distribution state which means that, in the event of a divorce, the marital property is not automatically split 50-50. Rather, equitable distribution is defined as the division of marital assets in a manner that is fair but not necessarily equal.
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In New Jersey, a married couple seeking a legal separation can seek a divorce from bed and board. This is a type of limited divorce that legally terminates the financial relationship between the married couple. They will go through the property division process but cannot remarry until they receive a full divorce.
To file for divorce in New Jersey, at least one spouse needs to have lived in the State of New Jersey for at least 12 months. To get a no-fault divorce, either spouse must state that they have had irreconcilable differences for at least six months.
New Jersey is one of a handful of states that does not require legal separation before divorce. Nor does it have a formal separation process or the ability to file for a legal separation with the Court. You do not need a judges approval to separate. You can simply do it.
New Jersey Legal Separation is Different from Divorce Unlike divorce, there is no need to file a Complaint with the family court to legally separate from your spouse. You and your spouse can simply choose to separate and do not need a judges permission to do so.
What are the grounds for divorce in New Jersey? In New Jersey, the no-fault grounds for divorce require that the parties have been separate and apart for 18 consecutive months, indicating there is no reasonable prospect of reconciliation. Note, the courts in NJ also refer to divorce as dissolution.

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