The Four Types of Separation

The term separation encompasses several different legal categories that each have their differences. States maintain their own unique rules for the four types of separation, so it’s important to understand what legal category you fall into because it can affect your property rights.

Legal Separation in New Jersey

A couple that decides to live separately for a short period before deciding whether to legally end their marriage is under a period of trial separation. All assets, property and debt incurred during this period of time will typically be considered marital property even if the couple decides to legally separate after the period of separation. While this isn’t a formal legal category, it is widely recognized as a period within many couple’s relationship.

A couple that decides to live in separate properties are considered living apart. This period of time is important to document in states where couples seek no-fault divorces. No-fault divorces traditionally require the couple to live apart for a certain period of time. Your property rights during this period of time are largely dependent on your state’s specific laws.

A permanent separation describes the period of time after a couple decides they want to end the relationship. Most states consider assets and debts obtained after permanent separation to be the sole responsibility of the individual incurring them, but necessary living-expense related debts may continue to be considered joint debts.

Schedule a Consultation With a New Jersey Divorce Lawyer

Legal separation occurs when the courts have made a ruling concerning the division of property, custody issues or visitation but doesn’t grant a divorce. Sometimes, individuals will want the certainty of a court order without the official label of divorced. If you are concerned about your property rights as you go through the process of separation or divorce, then reach out to the Law Firm of Davis & Mendelson now at 866-560-9512 to discuss the details of your case.