Legal Separation

Ask us about legal separation for marriage between same sex couples. You can’t remarry after the final judgment, but you may be able to remain on your spouses health insurance policy even while living completely separate lives. It must be by agreement only–no Judge can order it without consent of both parties. For many people nowadays that is the make-or-brake factor in answer to that age old question as memorialized in that song by The Clash, if in a bad marriage, “Should I stay or should I go?” For more details look at N.J.S.A. 2A:34-3. The best part of this arrangement is that you can convert it to a full divorce at any time, with the right to remarry, without asking permission of your former spouse.

Here is the somewhat confusing statutory language.

Legal Separation from a partner in a civil union couple may be adjudged for the same causes as dissolution of a civil union whenever both parties petition or join in requesting such relief and they or either of them present sufficient proof of such cause or causes to warrant the entry of a judgment of dissolution of a civil union, provided further that in the case of a reconciliation thereafter the parties may apply for a revocation or suspension of the judgment, and provided further that the granting of a legal separation from a partner in a civil union couple shall in no way prejudice either party from thereafter applying to the court for a conversion of said legal separation from a partner in a civil union couple to a dissolution of a civil union, which application shall be granted as a matter of right.