Legal Seperation

[holly44]

What is the name of your state (only U.S. law)?
NJ
Wanting to know how long you have to be separated for it to be considered a "legal seperation".

 

[Some Random Guy]

Legal separation means that you have filed papers with the state to become legally separated. The laws on legal separation vary from state to state but in new jersey, there is no actual "legal separation". There is a similar concept called "divorce from bed and board" which may be closer to what you want.

Again, this is based on documents signed by both parties, not on a length of time spent apart.

 

[holly44]

Thank you for fast response

I just joined this and really appreciate and was surprised to such a quick reply/ answer....thank you random guy I'm in a strange situation actually if your interested in hearing about it...I'll make it real short. I'm living w/ my x-husband from 10 years ago...we just got back together after "his" 2nd wife left him 8 months ago. They have no children together but she had 4, in which 3 lived with my x and her for 10 years. She never received child support from "her" previous husband. My x-husband supported her and her 3 children. Would you happen to know if she is entitled to 1/2 of everything? He owned the home in which we live now before they got married but they refinanced and her name is on the deed to the house. Will the court take into consideration that he supported her 3 children? He is so afraid she will get 1/2 of everything he owns....Very much appreciate this whole website and the people that give the answers....amazing...Very grateful for anyone who takes the time to help other people...

 

[mistoffolees]

I just joined this and really appreciate and was surprised to such a quick reply/ answer....thank you random guy I'm in a strange situation actually if your interested in hearing about it...I'll make it real short. I'm living w/ my x-husband from 10 years ago...we just got back together after "his" 2nd wife left him 8 months ago. They have no children together but she had 4, in which 3 lived with my x and her for 10 years. She never received child support from "her" previous husband. My x-husband supported her and her 3 children. Would you happen to know if she is entitled to 1/2 of everything? He owned the home in which we live now before they got married but they refinanced and her name is on the deed to the house. Will the court take into consideration that he supported her 3 children? He is so afraid she will get 1/2 of everything he owns....Very much appreciate this whole website and the people that give the answers....amazing...Very grateful for anyone who takes the time to help other people...

The fact that he supported her 3 children from her previous marriage is irrelevant. It won't get her any rights to continued support for those children after divorce.

As for the property division, it's really a tough call and he needs a really good attorney. NJ is an equitable distribution state. In many states, equal distribution applies, which means that each party gets 50% of MARITAL assets (assets accumulated during the marriage). Judges in NJ can vary from that based on a number of factors:
Divorce Support - New Jersey Property Division Factors

Highlights:
- The home could be an issue since he put her name on the title. It should have been separate property, but by putting her name on the title he made it her property as well. She would be entitled to 1/2 the equity, although he should be able to subtract out the equity at the time of their marriage.
- In NJ, the judge will favor the custodial parent in deciding who gets the house. Since they don't have any of their own kids, this shouldn't be an issue (I don't think her previous kids matter).
- The fact that he supported her kids for years will earn him some 'brownie' points which probably aren't worth much, but having the judge feel favorably toward you in an equitable distribution state isn't a bad thing.

He should see an attorney right away.