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Why would a couple want to pursue a legal separation instead of a divorce?

April 26, 2017Couple divorce Legal pursue Separation

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Why would a couple want to pursue a legal separation instead of a divorce?

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Many times a couple may have religious reasons for not wanting a divorce. Additionally, in New Jersey a person has to be separated for 18 months to have a “no fault” divorce. In New Jersey if either spouse lives apart in a legal separation for 18 months, then either the husband or the wife can file for divorce under the no fault grounds. In my experience, many people get hung up on only wanting to file for a no-fault divorce. The most common ground to file for divorce is under “extreme cruelty.” The term “extreme cruelty” is only a term of art, and it does not really mean that your spouse was extremely cruel to you. The divorce pleadings can merely specify that the parties no longer get along. This type of language is sufficient to persuade a court to grant a divorce. A spouse does not have prove any of the gory details of extreme cruelty in order to get divorced.