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.
