There are two divorce options for spouses in New Jersey: an absolute divorce (or a “divorce from the bonds of matrimony”) and a “divorce from bed and board,” where the parties stay legally married. A divorce from bed and board is sometimes referred to as a limited divorce or legal separation. This option allows them to separate and resolve custody, asset division, and support, just as they would in an absolute divorce. However, the same jurisdictional rules for residency and service of process apply to both types of divorce.
Advantages Over Absolute Divorce
An action for divorce can be absolute or from bed and board. Originally, the rationale for the latter option was to allow couples with moral or religious objections to divorce and live separately. However, there are several reasons a couple may want to separate but remain legally married.
Continuation of healthcare is critical to many people, especially where a spouse has serious health issues. A limited divorce, or divorce from bed and board, can be used to allow the parties to stay on the same health insurance plan. Spouses can also continue receiving government benefits and pensions, which can be crucial for older couples who have already retired.
Potential Drawbacks
Divorce from bed and board can affect what are considered marital assets. If the divorce is later converted to an absolute divorce case, property acquired after filing for divorce from bed and board will not be considered marital assets.
During this legal separation, the spouses also cannot remarry. Some couples do not have an interest in remarrying in the future, so this does not present an issue for them.
Civil Unions
Under New Jersey law, civil unions and marriages must convey the same benefits and protections. Thus, partners in a civil union also have the option of separating without completely dissolving the civil union. Divorce from bed and board and legal separation from a partner in a civil union are treated the same way.
Get Skilled Guidance From a New Jersey Family Law Attorney
For guidance on what type of divorce is right for you, consult an attorney you can trust. Contact a skilled New Brunswick divorce lawyer at the Law Office of Steven M. Cytryn, LLC at (732) 214-1103 to learn more about your options.
