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The first step you should take with a New Jersey Separation Agreement Form is to confirm that it is indeed the latest version, as this determines its eligibility for submission.
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Note also that you and your spouse don't have to be living in separate residences for a separation agreement to be valid. In fact, there are instances of individuals living in the same house even after a divorce, usually for economic reasons.
In-house separation can serve as a trial separation. When a couple decides that they want to live as if they were separated, they will continue to live in the house together.
To create a legally binding separation agreement both spouses must be completely open and honest about their financial situations. This requires a detailed disclosure of their significant assets and liabilities. The agreement must be in writing and signed by each party in the presence of a witness.
Technically, New Jersey doesn't recognize legal separation, at least by that name. You don't have to file a complaint with the court if you and your spouse want to live apart. You can do so, however, if you want to. The most common way of separating in New Jersey involves negotiating and signing a settlement agreement.
In New Jersey, a married couple seeking a legal separation can seek a divorce from bed and board. This is a type of limited divorce that legally terminates the financial relationship between the married couple. They will go through the property division process but cannot remarry until they receive a full divorce.