Divorce from Bed and Board in New Jersey

What Is It? Why Would You Choose It?

If you’re experiencing difficulties in your marriage, but you’re not certain that divorce is the answer, there’s a fairly unique process in New Jersey, known as “divorce from bed and board,” that may be a good solution. Also known as a “limited divorce,” it’s not really a final divorce but more akin to a legal separation.

How Does Divorce from Bed and Board Work?

To put a divorce from bed and board in place, both parties to the proceeding must agree to that approach. The grounds stated for the divorce will be just like those for a traditional divorce, but with divorce from bed and board, the parties remain technically married under New Jersey law. In addition, the parties are limited with respect to their acts:

• Neither party can remarry without getting a final judgment of divorce and thereby converting the limited divorce to a full one.
• The parties cannot acquire property as a couple while the divorce from bed and board is in place. The parties can, however, continue to jointly own property acquired before the divorce from bed and board.
• Rights to property in an estate, or to take an elective share in the estate of a spouse, are not preserved when a divorce from bed and board is put in place.

Why Choose a Divorce from Bed and Board?

Perhaps the most compelling reason to opt for this approach is that it allows a spouse to continue to obtain health insurance coverage from the other party’s employment benefits, which is permissible because the parties are still technically married.

A divorce from bed and board can serve as a trial separation without the consequences of a full-blown divorce.

Contact an Experienced New Jersey Family Law Attorney

At the law office of David M. Lipshutz, we won’t take your case unless we know we can help. For a private meeting, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 a.m. and 5 p.m.