In our state, the law does not use the commonly known term "legal separation;" however, this does not mean there is no such legal proceeding. These requirements apply to divorce, divorce from bed and board, dissolution of a civil union, and legal separation from a partner in a civil union couple. I tell them not to worry at this early stage of their case about getting a legal separation in NJ; they can simply move out tonight if they wish to (of course, I also make it clear that they cannot simply abandon their responsibilities, both financial and otherwise, for a spouse and children. The parties must make an application to the court, incurring additional fees, to convert a divorce from bed and board to an absolute divorce. Because New Jersey does not have an official legal separation option for married couples, divorce from bed and board offers couples a legal alternative to a full divorce. If the relationship is on rockier ground, divorce from bed and board may be a solution that does not require a full-on divorce. In a divorce from bed and board, ostensibly all the same papers are filed as for an absolute divorce, however, the relief requested in the documents is for a bed and board divorce.
If you have questions about divorce from bed and board, you should consult with an attorney to discuss the specific facts of your case and your options moving forward. This basically means that the surviving spouse will still be able to receive pension benefits once her spouse dies. New Jersey does not recognize a formal process for a legal separation. We look forward to working with you and helping you reach your goals. You do not need a judge's approval to separate. A Guide to Divorce in New Jersey. The courts rely upon the status quo.
In this case, the process of filing an uncontested, no-fault divorce is fairly simple. In some states, legislation exists that allows a couple to become legally separated. However, just because a divorce from bed and board is similar to a legal separation doesn't mean it's the same. The Order will further state which party must move out of the marital residence, giving one party the home in the interim. Again, this would only be an option if the spouse that has health insurance has no immediate plans on remarrying, since remarriage is not permissible until an absolute divorce is granted. A divorce from bed and board was very popular in the 50's and 60's. Instead, New Jersey recognizes what is known as divorce from bed and board.
New Jersey has both fault-based and no-fault divorce. Experienced Union Family Law Attorney for Your New Jersey Divorce From Bed and Board Needs. A very interesting feature of this cause of action is that it may be granted only when both parties request that the family court grant an absolute divorce. Some couples also find this a more attractive option when they have been in a long-term marriage and have no desire to remarry. Can you file for divorce online in New Jersey?
Here, the plaintiff Louise DeAngelis was granted a divorce from bed and board on May 21, 1959 on the ground of adultery. It is not uncommon for one spouse to have the benefit of employer-sponsored healthcare and provide the insurance coverage for their whole family because the other spouse is either not able to get it or it costs too much. Written by: Kaitlin Romanelli Myers, Esq. Thereafter, the case was appealed. If you are thinking about divorce but are having trouble deciding whether or not it is right for you, you may want to consider other available options. Spousal maintenance (alimony). Although it is true that a divorce from bed and board offers many financial advantages, it is important to work with a family law. As opposed to a Divorce from the Bonds of Matrimony, a Divorce from Bed and Board does not break the bonds of matrimony. However, you may no longer file federal income tax returns as married, which generally produces tax savings. A Judgment of Absolute Divorce in New Jersey can be entered on the following grounds: These causes of action also apply to dissolve a Civil Union. 1973), reached a different result on an application by a husband to convert a divorce from bed and board into an absolute divorce.
Unlike some states, New Jersey does not have a "legal separation" for married couples, but it does offer something similar: "divorce from bed and board, " also known as limited divorce. This is because there are generally no time limits on property transfers between spouses who are divorced from bed and board in New Jersey. Library of free tools and resources. Developing a separation agreement can be a helpful instrument to foster security. The amount of time after a case is closed and that the records are transferred for archiving varies from county to county. Why Might a Couple Go This Route? Reasons why a married couple may not be ready to commit to a final divorce (irony noted), for the purpose of our finance-focused blog, we're going to, as usual, hone in on MONEY. Kelley Blue Book printouts ("private party value"). Any property one spouse acquires after that point will be considered their separate property, not subject to equitable distribution if they decide later to fully dissolve the marriage. Divorce from bed and board is beneficial for couples for whom a full divorce is not possible. In this case, all property rights are set but a marriage is not dissolved. It is also sometimes preferrable for couples who have been married a long time and don't want to remain together but have no plans to remarry. There is yet another alternative for couples, somewhere between separation and divorce, called a divorce from bed and board, as outlined in N. J. S. A.
One of the primary concerns facing couples wishing to separate is how their rights might be affected if they leave the marital home. Couples work out an agreement that keeps them from relinquishing their rights while still allowing them to work through marital issues. Here is a link to the NJ Judiciary's Self Help Center if you choose to try to resolve these issues on your own, without hiring a lawyer. Since the couple is still technically married after a Divorce from Bed and Board, they may be able to maintain their health insurance on the same plan. One of the biggest reasons couples consider a divorce from bed and board more frequently than in the recent past is because this process often permits a dependent spouse to continue health insurance coverage supplied by a supporting spouse's employer.
There is also no filing for legal separation with the court — these agreements are executed separately from the court system.