How Long Can You Stay Legally Separated in NJ Before It Becomes an Issue?

In New Jersey, couples often choose separation to navigate marital difficulties without officially dissolving their marriage. The state lacks a formal legal separation process, meaning couples can live apart indefinitely. However, extended separations can complicate financial entanglements and child custody arrangements. Living apart for more than 18 months can be grounds for a no-fault divorce, while a six-month separation can be cited as irreconcilable differences in divorce proceedings. Establishing a separation agreement is advisable to clarify responsibilities and protect each party's rights.

This agreement is legally binding if both spouses sign it. Additionally, couples may consider a divorce from bed and board to handle financial issues while remaining technically married. Many couples opt for separation due to concerns for children and religious beliefs against divorce.