When a married couple decides to part ways, they may consider either divorce or legal separation. While both involve living separately, there are significant differences between the two.
Understanding how New Jersey defines divorce and separation can help you decide which one is right for you.
What is divorce?
Divorce is the legal termination of a marriage. When a couple divorces, their marital rights and responsibilities come to an end. In New Jersey, courts grant a divorce on the grounds of irreconcilable differences, separation, desertion, extreme cruelty, addiction, institutionalization, imprisonment or deviant sexual conduct.
What is legal separation?
Legal separation, on the other hand, does not terminate the marriage. Instead, it allows a couple to live separately while still remaining legally married. In New Jersey, a legal separation is a “divorce from bed and board.” This arrangement is useful for couples who are unsure about divorcing or have religious, financial or personal reasons for not wanting to end their marriage.
What are the key differences?
There are a few key differences between a legal separation and a divorce in New Jersey. For example, after a divorce, both parties are legally single and free to remarry if they choose. With a legal separation, they remain married. The couple divides marital property during a divorce, while the court has no authority to divide property during a separation.
Deciding between divorce and legal separation is a personal choice that depends on each couple’s unique circumstances. Understanding the differences between the two options helps you consider the legal, financial and emotional implications of each.