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Choosing Divorce or Separation

When you decide that your marriage isn’t working, you’re faced with two choices. You can separate or you can get a divorce. You can go through the process of legal separation in New Jersey but it requires the parties to do nearly everything a divorce would involve without actually dissolving the marriage. Most couples who separate therefore do so informally without a written agreement in place. This can be risky unless you have an friendly and cooperative relationship with your spouse and can trust them. Many couples separate then file for divorce, but you can certainly file for divorce immediately without separating. Deciding which path is right for you can be challenging but we can help you evaluate your options and make the choice that is best for you.

Although divorce ends your marriage and resolves all issues, such as custody, child support, alimony, and property division, you don’t have to file for divorce to get legal assistance and support.

If you decide to separate, you can still file for custody, child support, and spousal support without seeking a divorce. Resolving these issues can allow you to live separately without a lot of indecision and conflict over these very important matters.

Consider separation if:

  • You still have misgivings about completely ending your marriage.
  • You are still in couples or marital therapy.
  • There is a possibility that you can repair your relationship.
  • You don’t really know what you want and some time alone may allow you to work through your feelings.
  • Your spouse will not agree to a divorce at this point.
  • You frequently change your mind about whether you want a divorce.
  • You feel as though it is just too soon to file for divorce.
  • The thought of divorce makes you feel terrified.

Consider divorce if:

  • You have taken time to consider your options and believe a divorce is right for you.
  • You believe your marriage is not fixable.
  • You want a complete physical and financial separation from your ex.

The attorneys at DeTorres & DeGeorge are ready to discuss divorce and separation in Tewksbury and Long Valley, New Jersey and surrounding areas. Call us now for an appointment at 908-284-6005.