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  1. #1

    Default Should You Have a Formal Separation Agreement

    My question involves a marriage in the state of: New Jersey. My wife and I have agreed to separate. my youngest child is 23. It is okay for me to leave. should I get her to sign an agreement that this is mutual?

  2. #2
    Join Date
    Oct 2014

    Default Re: Should You Have a Formal Separation Agreement

    You don’t have to stay in the same home as your wife. As there are no minor children involved there won't be any child support/custody/visitation issues unless any of the kids are severely disabled/incompetent and unable to care for themselves. So the main problem for separation would be if one of you needs support from the other. If neither of you is seeking that, then there may be no need for a formal separation agreement here. A lot depends on what it is that the two of you want, what assets you have, and so forth. Since this is moving in the direction of a possible divorce you might want to see a divorce attorney now to see what steps might be prudent to best protect yourself should divorce proceedings begin later. Being prepared can make a big difference in your outcome.

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