When a relationship falters, whether due to infidelity, constant conflict, or other irreconcilable differences, a couple faces the choice of divorce or remaining together. If you aren’t ready to call it quits just yet, you may consider entering into a separation agreement. This provides you the opportunity to experience living apart without officially initiating divorce proceedings. Please continue reading as we explore how a divorce from bed and board works in New Jersey and how our knowledgeable Edison Family Lawyers can help you determine whether this is a viable option given the unique circumstances of your situation.
Does New Jersey Law Allow Married Couples to Legally Separate?
While many states legally recognize separation for couples who wish to live apart but are not ready to divorce, New Jersey doesn’t. New Jersey offers some legal options that function similarly to legal separation. New Jersey law provides for a divorce from “bed and board.” With this legal arrangement, a couple ends the financial aspects of their marriage, but they remain in the union. This option is attractive for those who can’t divorce for religious reasons or who don’t plan on remarrying.
To initiate a divorce from bed and board in New Jersey, one spouse will need to file a complaint in family court. This process allows for both fault and no-fault grounds, similar to an absolute divorce. However, both spouses must agree to seek the judgment. If the couple decides to reconcile in the future, the judgment can be nullified.
What Can Be Addressed in a Divorce from Bed and Board in New Jersey?
If your marriage is in trouble in New Jersey, a divorce from bed and board may be a viable option. Like in an absolute divorce or legal separation agreement, couples can address various issues in a divorce from bed and board. Some of the marital issues spouses can include in their separation agreement include:
- Child support
- Alimony
- Property division
- Child custody
- Visitation
- Debts and liabilities
- Health insurance
- Any other relevant marital issues
As you can see, this process allows couples to address important issues without obtaining a formal divorce decree. It’s important to note that since divorce from bed and abord is not an absolute divorce, it might not be considered a qualifying life event that would require removing the spouse from your health insurance policy. Essentially, a dependent spouse may be able to stay on the employed spouse’s health insurance plan. You should confirm with your insurer what constitutes a qualifying life event before making any major decisions about your healthcare.
If you are considering a divorce from bed and board, it’s in your best interest to consult a determined attorney from Arndt, Sutak, Miceli, LLC who can help you navigate the financial implications of this type of separation. Connect with our firm today to learn more about what we can do for you during these tough times.
