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To Divorce or Separate - The BIG Question
Many persons ask their therapist or divorce attorney whether they should divorce now or separate and divorce later. From a legal perspective it is usually best to commence divorce proceedings rather than separate. If the marriage is irretrievably broken a separation postpones the inevitable. A separation, by its nature cannot compel an unwilling spouse to provide financial information, divide assets, allocate debts or pay support. However, if the parties are able to exchange financial information and reach an interim agreement on all important issues, a separation may be desirable until one party or the other feels a compulsion to terminate the marriage by way of divorce. When one considers the Court imposed delays (sometimes as much as three years ) it may be desirable to immediately commence divorce rather than wait.
In order for permanent alimony to be awarded in New Jersey, the marriage must have lasted at least 10 years and one spouse must have become economically dependent on the other. This type of alimony allows the obligee to maintain the lifestyle to which he or she has become accustomed for the duration of the obligor's lifetime (unless the obligee remarries).
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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