Evidently, following through with a divorce is a major decision to make. This is why you may be curious as to what other options, that are not as high stakes, are available to you. In some states, couples may obtain a legal separation either prior to or instead of a divorce. But in the state of New Jersey, there is a similar process known as divorce from bed and board. Continue reading to learn what divorce from bed and board is and how an experienced Morris County divorce lawyer at Graves Andrews, LLC, can guide you through this consideration.
What is the purpose of divorce from bed and board?
Divorce from bed and board dates a while back, to a time when there was still a significant social stigma surrounding divorce. This is because couples technically remain married even after undergoing a divorce from bed and board.
Now, couples prefer this often if they hold religious beliefs that object to divorce. Or, they prefer this option if they feel a need to separate themselves from their spouse financially.
How does divorce from bed and board work in the state of New Jersey?
In the state of New Jersey, you can get a divorce from bed and board by citing the same grounds as you would for a standard divorce. This is so long as you and your spouse both consent to these proceedings. And once you and your spouse enter these proceedings, you can decide how to divide your marital assets and marital debts by finalizing a settlement agreement. But, if you cannot negotiate independently, then the New Jersey court will do so on your behalf by following the state’s equitable distribution laws. With this, they may also reward alimony payments if they find it necessary.
And since you and your spouse will technically remain married after these proceedings, you cannot remarry. If you or your spouse would like to remarry, you must take the proper steps to convert your divorce from bed and board into a final judgment of absolute divorce. Inevitably, this process will require additional paperwork and court fees.
On the other hand, if you and your spouse make amends after your divorce from bed and board, you do not have to remarry. But instead, you can apply to have the judgment revoked or suspended. Again, this process will require additional filing and fees.
With all things considered, if you are strongly considering opting for this type of divorce, you must retain the services of a skilled Morristown family law attorney today. Though this is a unique process to undergo, we will walk you through every step. Contact us to schedule your initial consultation.