Unlike many states, New Jersey does not formally recognize any form of marital separation. That doesn’t mean you can’t separate, of course. You can, however, choose to live separately and even form a written separation agreement. You can also take advantage of temporary court orders during your separation. Unfortunately, there are also many mistakes you can make during a separation. Below is a brief introduction to a few of them.
1. Don’t Pave the Way for an At-Fault Divorce
Yes, New Jersey allows no-fault divorce. In other words, you can divorce for ‘irreconcilable differences’ and leave it at that. Nevertheless, New Jersey also has fault-based divorce, and that can spell trouble if your spouse has grounds to assert it.
The grounds for fault-based divorce include:
- Adultery;
- Desertion;
- Abuse;
- Alcoholism or drug use;
- Imprisonment; and
- Institutionalization (in a mental institution, for example)
Losing an at-fault divorce case can put you at a serious disadvantage when it comes to child custody, child support, and property division, among other issues.
Romantic Relationships While Separated
Among the aforementioned grounds for at-fault divorce, adultery is perhaps the greatest temptation. You risk an adultery-based divorce if you involve yourself in a romantic affair while separated from your spouse. Although dating is not prohibited, witness testimony or emails, etc. might prove an ‘inappropriate sexual relationship, and that might be enough to support a fault-based divorce.
2. Don’t Neglect Your Financial Responsibilities
New Jersey is an equitable distribution state when it comes to the disposition of joint marital property after a divorce. That means a fair distribution of assets, not necessarily a 50/50 split. You need to take New Jersey divorce law into consideration even if you have no current plans for divorce. One spouse’s insistence on a divorce is all it takes to proceed.
If you have a joint bank account with your spouse, for example, don’t treat it like your personal bank account. Major withdrawals or expenditures out of joint property can look like fraudulent transfer if your spouse did not consent to them. Pay your share of joint debts, and pay all of your child support obligations (if any) on time and in full.
Before you enter into any alimony or property settlement agreements with your spouse, fully consider all tax consequences. Consult with a tax lawyer if you are uncertain. Failure to do so could result in a nasty surprise down the road when your taxes come due.
3. Don’t Talk About Your Divorce Publicly
Talking about your separation publicly is a bad idea all the way around. Making disparaging comments about your spouse is a particularly bad idea, whether or not they are true. New Jersey family courts do not look kindly upon public disparagement of your spouse. Even seemingly neutral comments, however, can come back to haunt you later.
Above all, do not talk about your separation or any plans for divorce on social media. Social media posts can constitute admissible evidence in family court under many circumstances. If you feel you absolutely cannot resist the temptation, freeze all your social media accounts until the storm has passed.
4. Don’t Forget to Document Everything
In legal proceedings, unfortunately, the truth doesn’t matter unless you can prove it. Documentary evidence is one of the best ways to prove just about anything. It’s not just possible future divorce proceedings you need to concern yourself with; it’s child custody, child support, property division, alimony, and perhaps other matters as well.
New Jersey courts rely heavily on documentation to make fair decisions. The details of your finances can be placed at issue. When in doubt, document.
5. Don’t Engage in Hostile Behavior in Court
Engaging in hostile behavior during a separation in New Jersey can hurt your position in court. One of the most dangerous behaviors of all is to make false accusations against your spouse. A true accusation could harm your interests if you cannot prove it.
Even a ‘bad attitude’ in court could cause you trouble. New Jersey courts prioritize the ‘best interests of the child,’ and hostile behavior can influence custody decisions.
A New Jersey Family Lawyer Can Be a Practical Necessity If You Have Children or Substantial Assets
You may or may not need a lawyer during a separation. The more contentious your relationship is, the more children you have, and the more assets you possess, the more likely it is that you’re going to need a lawyer.
It is when (or if) your separation turns into full-blown divorce proceedings that the assistance of a New Jersey Family lawyer becomes an absolute necessity.
Contact an Experienced Monmouth County Family Law Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
