Does New Jersey Recognize Legal Separation?
If you went into a Family Lawyer’s office and asked him or her how many times they have received questions pertaining to legal separation, you most certainly will get a chuckle and most likely the answer will be something likely endless, countless, or maybe even an immeasurable amount depending on how long they have been practicing.
As you might imagine, there are a tremendous amount of individuals who are interested in “getting the process started” without filing the actual divorce complaint itself. For this reason New York has an established institution known as legal separation, however New Jersey does not…at least not in the same format one might imagine when thinking about the potential terms of a separation agreement.
Residents of New Jersey, however, are not completely out of luck. Typical to the great state, it tends to do things its own way. New Jersey’s answer to the legal separation question exist within the option legally termed Divorce from Bed and Board.
New Jersey does not have a legal separation. If you want to separate from your spouse, but do not want to file for divorce you have a few options. First you can sign what’s called a separation agreement, which would be an unenforceable contract. Next you can file an FD application or non dissolution application with the court to ask for child support, custody, spousal support, etc. And then finally you can also file for what’s called the divorce for bed and board, where you would be financially divorced but you would still be married, meaning that both parties can not marry another person.
Why Divorce for Bed and Board Toms River NJ?
First, although they are comparable in many ways, one is a legal separation and the other is in fact a divorce.
Although it is called a divorce, if you get a divorce for bed and board, you are not able to be remarried until an official and standard divorce is processed. Obviously separation falls under the same circumstance, as the couple if only separated, but not yet divorced.
To terminate a divorce from bed and board in favor of an absolute divorce, either party can file a document with the court, converting the divorce from bed and board to an absolute 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.
Many of the individuals who take advantage of this legal option, rather then going through with a real and final divorce are people who are not quite ready to pull the final trigger, but look at this option as an opportunity to split everything up and come to agreements on finances, property, kids, etc without the finality to it. Remember, all it takes is a document to be filed by either party to finalize.
Another, and very likely the most common reason that couples who are splitting up will choose divorce for bed and board actually exists within a loop hole in the US healthcare laws. It does not work every time, but in many cases the couple is able to continue on their healthcare option as they were as a couple and/or they are afforded much more aggressively priced Cobra options for insurance which results in thousands of dollars in savings.
Contact a Wall NJ Separation and Divorce for Bed and Board Attorney Today!
Legal separation attorney Peter J. Bronzino takes pride in serving local Ocean and Monmouth County communities such as Brick, Sea Girt, Brielle, Point Pleasant, Bay Head, Manasquan, Toms River, and across Eastern New Jersey. Attorney Bronzino believes in providing clients with the personal attention and professionalism they need and deserve. Find out why our clients and their families have taken the time to write glowing testimonials after their divorce and family law legal concerns were resolved. Whether you are going through a separation, divorce, or any other family law dispute, our firm will fight to protect your legal rights.
To learn more about legal separation in New Jersey, please contact us online or through our Brick or Sea Girt offices by calling (732) 812-3102 today for a free and confidential consultation.