Uniquely, there is no specific law in the state of New Jersey that addresses legal separation for married couples. However, a very similar alternative is known as a divorce from bed and board. Without any further introduction, please continue reading to learn more about a divorce from bed and board and why an experienced Morris County divorce lawyer at Graves Andrews, LLC may steer you toward this option over an absolute divorce.
What is a divorce from bed and board in New Jersey?
Simply put, a divorce from bed and board allows a married couple to get a court-ordered separation without having to actually get a legal divorce from one another. This court order covers child support, spousal support, property division, and other financial issues and responsibilities that each spouse must address during their separation. This is otherwise referred to as a limited divorce.
With that being said, if the couple reconciles during this separation, their divorce from bed and board may be easily reversed and nullified by the court. Contrastingly, the court may also handle converting their limited divorce into an absolute divorce should they be unable or unwilling to make amends with one another.
Why would I get a divorce from bed and board instead of an absolute divorce?
Upon initial reflection, you may think that since you are already going through the complex legal process of a divorce from bed and board, you might as well go through with an absolute divorce. However, you may later on think of reasons as to why you might not want your divorce from your spouse to be legally recognized. Some examples of this read as follows:
- Your and/or your spouse’s religion may not accept or allow for divorce.
- You may want to exemplify to your small children that you and your spouse are still equal parts of your family unit.
- You or your spouse may have been diagnosed with a serious health condition that requires the aid of one of your health insurance plans.
- You and/or your spouse may be close to retirement age and wish for your retirement benefits, pensions, and other assets to remain intact.
It is worth mentioning that some marital rights may not be preserved in a divorce from bed and board. For example, you may lose your right to inherit your spouse’s property should they unfortunately pass away without establishing a Last Will and Testament. Similarly, you may lose your right to claim an elective share against your spouse’s estate upon their passing. Lastly, you do not have the right to remarry with only a limited divorce, as you are technically still legally married to your spouse.
To conclude, if you require additional consulting, look no further than a skilled Morristown family law attorney from Graves Andrews, LLC. Schedule your initial consultation with us today.