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What Mistakes Should I Avoid Making in My New Jersey Separation?

divorce new jersey separation

A separation is a court process designed to define the rights and obligations between spouses when they live apart, but do not want a divorce. It is helpful to think of a trial separation as a break from each other to figure out whether you are just hitting a rough patch in your marriage or need to divorce. While this might sound like a good idea on the surface, you should avoid making any one of several mistakes in your separation in New Jersey, or else you risk it turning into one of the biggest points of contention in your divorce. Please read on, then contact an experienced Ocean County divorce attorney today to learn more.

Should I make our separation public?

The second you announce you are getting a divorce, everyone will have an opinion. Rumors will circulate and whatever you say is sure to be twisted and distorted. Furthermore, it is possible that your spouse will hear it, too, which can make matters worse and perpetuate a divorce. You should not:

  • Post about what you are going through on social media
  • Chat about it with anyone except your closest family members and trusted friends

Should I leave the marital home?

Moving out of the marital home is one of the biggest blunders you can possibly make. If you leave the house, your odds of gaining equal time with your children dramatically diminish and you might lose possession of some of your valuable belongings. A judge is likely going to look at you as the parent who gave up on the marriage. By leaving, you make it easy for your spouse to portray you as a partner who did not care and abandoned your family.

Should I pay more than my fair share?

Sometimes, one spouse will agree to continue paying bills for the other spouse while the first spouse rents an apartment during the separation. This is a huge mistake because your spouse will have no incentive to get a job if you are covering all the expenses. By maintaining your spouse’s standard of living by paying for the house, insurance, utilities, groceries, etc., you are making your spouse’s case for alimony. It is going to look as if you are fully capable of supporting them, even if you are barely making ends meet.

How long should a separation last?

While you should never rush into divorce and need to consider all the ramifications of ending your marriage, you also do not want a separation to drag on for years. A lot of spouses get stuck waiting for the other spouse to initiate the divorce. This likely leaves both of you unhappy and one spouse, probably you, stuck with the bills.

If you have any further questions, please reach out to a skilled Ocean County family law attorney as soon as possible.

Contact our experienced Ocean County firm

If you need a divorce and family law attorney in Ocean County, New Jersey,  contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.

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