Mediation for New Jersey Legal Separation Agreements

Legal separation offers an alternative to divorce that can potentially facilitate a complete divorce in the future or provide a couple with space and flexibility while they decide whether to divorce entirely. If you are thinking about ending your marriage in New Jersey, it is important to weigh the option of legal separation. Mediation for New Jersey legal separation agreements can be a valuable tool for managing this difficult situation.

Helping Clients With Mediation for New Jersey Legal Separation Agreements

The team at Shore to Shore Mediation has extensive experience with all types of family court matters, including legal separation. It’s possible to think of legal separation as a preliminary stage before a complete divorce. Once you finalize legal separation, you can retain the tangible benefits of remaining married while also establishing a life separate from your spouse. If you decide to later proceed with a divorce, separation makes the process faster.

It’s important to understand that while a legal separation is not as final as a complete divorce, it will still require covering all the various issues you would need to cover in a full divorce. This can be a complex process, but mediation offers a more streamlined alternative with several advantages. You need to hire a mediation lawyer to help you take full advantage of this process if you wish to make completing your legal separation much easier.

What Is Legal Separation in New Jersey?

Legal separation is a legally enforceable court order that outlines various issues for a couple that wishes to separate but retain the legal advantages of remaining married. A legal separation allows them to do this. It is important to remember that a legal separation does end the marriage contract, so you cannot remarry after separation, only after divorce.

There are many reasons why a couple may wish to separate instead of divorce. For some couples, legal separation allows them to reevaluate their marriage with more space. They establish separate living arrangements while remaining legally married. During their separation, they can take time to decide whether they wish to reconcile or if they need to proceed with finalizing a full divorce.

In some cases, couples choose legal separation due to their religious beliefs. Their religion may prohibit divorce, but they no longer wish to remain living together and will need to disentangle their respective lives. In this situation, the couple can legally separate without violating their religious beliefs.

Legal separation is also common for healthcare insurance and other financial reasons. For example, an older couple may wish to live separately but continue sharing health insurance and filing joint tax returns.

Legal separation can also maintain a sense of stability for the couple’s children. Separating will require establishing custody rules for their children as well as child support. This can ensure the children’s best interests are addressed while the parents establish new living arrangements and maintain a schedule for parenting time. This also helps the parents understand what to expect if they decide to formalize their divorce.

It is important to remember that while a legal separation is not as final as a divorce, your separation order is a legally enforceable court order. Both you and your spouse will need to abide by the terms of the order. It’s possible to revisit the order in the future to amend it as necessary, and it is also possible for you to mutually agree to terminate the order if you decide to reconcile. Legal separation can offer breathing room, clarity, and flexibility in a difficult time.

Benefits of Mediation for Legal Separation

A 2022 study from the National Center for Family and Marriage Research reported that New Jersey’s divorce rate was 10.41 per 1,000 married women, placing the state in the bottom quartile for statewide divorce rates in the United States. Couples experiencing trouble in their marriages in New Jersey may wonder if divorce is the right choice, and legal separation is an advantage when faced with this uncertainty.

If you and your spouse decide to pursue a legal separation, mediation offers a more streamlined and low-pressure approach compared to litigation. Mediation is a commonly used form of alternative dispute resolution for divorce, but it can also work for legal separation. During mediation, the spouses meet with their respective attorneys and a neutral mediator who guides their discussion and helps them draft their separation agreement.

Mediation offers several advantages, including privacy and more control over the final outcome. The couple can meet at their convenience and negotiate terms for their separation in a more comfortable environment compared to a courtroom. They can address each item of their separation one at a time, and everything said in these sessions will remain private.

Mediation is also more affordable than divorce litigation. The majority of family lawyers in New Jersey who represent clients in divorce and legal separation cases charge hourly rates. Mediation unfolds more quickly than litigation, so this translates to lower attorneys’ fees for both spouses. Each spouse will also have more influence over the terms of the separation order, and it is likely that they can reach a mutually acceptable agreement in a relatively short time.

Why You Should Hire a Mediation Lawyer

Mediation may seem straightforward, but the fact remains that you will need to address various complex issues to complete the process and will need a skilled attorney’s help to navigate the situation successfully. Legal separation could serve as an alternative to or as a springboard for divorce, and as such, you will need to address every issue that you would need to address in a divorce.

The team at Shore to Shore Mediation can help you make sense of this situation and approach it with confidence. If you are unsure whether separation is right for you, we can explain the advantages as well as give an idea of how the process unfolds so you know what to expect. If you intend to pursue mediation, you can rely on our team to help you negotiate an acceptable separation agreement in a timely manner.

Contact Shore to Shore Mediation today to schedule a consultation with a skilled New Jersey legal separation mediation lawyer. We can review the details of your situation and help you prepare for the mediation sessions ahead of you.