Divorce from Bed and Board

Divorce from Bed and Board in New Jersey

Embarking on the path of a Divorce from Bed and Board can feel like venturing into uncharted territory. It’s a unique form of separation where you remain legally married but live separately, and it comes with its own set of complexities involving marital property, separation agreements, and plenty of legal jargon.

At Keith Family Law, we understand this decision’s emotional weight and are well-versed in its legal intricacies. Our team of lawyers is here to provide empathetic guidance and steadfast support as you make your way through. We’re committed to ensuring your rights are protected and your interests are served, whether it involves sensitive issues like the division of marital property, crafting a comprehensive separation agreement, or just the emotional support needed during this transition.

Reach out to us today, and let us guide you through the process of divorce from bed and board toward a future full of hope and resilience.

What Is Divorce From Bed and Board?

In New Jersey, an often misunderstood but essential solution is the Divorce from Bed and Board. The title might sound puzzling, but at Keith Family Law, we’re here to help you better understand the process and whether it may work for you and your family.

Understanding Its Meaning

Divorce from Bed and Board in New Jersey is a type of legal separation. It’s also known as a “limited divorce” because while it allows couples to live apart, they remain legally married. It’s a unique option that New Jersey offers instead of a traditional legal separation.

When Is it Applicable?

New Jersey law allows for a divorce from bed and board on the same grounds as a full divorce. However, both parties must request relief. This type of divorce can be beneficial in situations involving abuse, adultery, or mistreatment.

The Process and Outcome

The process involves a complete economic separation between spouses. It means that after the divorce, couples are inhibited from accruing marital property. The IRS generally treats couples going through a divorce from bed and board as legally separated rather than either married or divorced.

Making the Decision

Deciding to opt for a divorce from bed and board is a significant step. It’s crucial to understand its implications fully before choosing this path. Fortunately, Keith Family Law is here to provide all the necessary information and support you need during this time.

Divorce From Bed and Board vs. Absolute Divorce

In the realm of divorce law, there are two primary types to understand: Divorce from Bed and Board and Absolute Divorce. While both signal the end of a marital relationship, they differ significantly in their legal implications and processes.

Divorce From Bed and Board

  • This is a form of legal separation rather than a complete termination of marriage.
  • The spouses remain legally married, although they live separately.
  • It results in an economic separation where marital property cannot be accrued post-separation.
  • It’s often sought in situations involving abuse, adultery, or desertion.
  • Neither spouse can remarry unless the divorce from bed and board is converted into an absolute divorce.

Absolute Divorce

  • This is a complete termination of the marital bond.
  • It allows both parties to remarry and completely separates their economic ties.
  • It can be a no-fault action, meaning neither spouse needs to prove the other’s fault.
  • It legally ends the marriage, allowing both individuals to move on independently.

Divorce from Bed and Board in New Jersey: A Unique Path for Betty and Gene

Explore the nuanced realm of ‘Divorce from Bed and Board,’ a distinctive legal concept in New Jersey that allows couples like Betty and Gene to navigate separation without dissolving their marriage completely. In this section, we delve into their story and the intricacies of this alternative path that accommodates their desire for legal separation while preserving certain benefits of marriage.

Betty and Gene, an older New Jersey couple with three grown children – Patty, Bill, and Edward – and seven grandchildren, find themselves at a crossroads in their marriage. Acknowledging that their paths have diverged, they seek a legal solution that won’t sever the ties of their marriage completely. Importantly, neither plan on remarrying. ‘Divorce from Bed and Board’ in New Jersey offers them a unique avenue.

In this legal arrangement, Betty and Gene effectively obtain a legal separation without going through a full divorce. Betty moves out, and Gene keeps the house they lived in during the marriage. They divide their assets under New Jersey law, and there is no alimony because they are both retired and living off of their retirement savings. Although both Betty and Gene have moved on to other relationships, they choose to remain legally married. Gene, understanding the importance of health coverage, agrees to keep Betty on his health insurance, ensuring her continued well-being. Simultaneously, they are aware that if either of them passes away, the other is entitled to inherit their estate, which is a risk they are willing to take.

This alternative path provides a middle ground for couples who want a legal separation in New Jersey while retaining certain marital benefits. ‘Divorce from Bed and Board’ allows individuals to address financial and health concerns without fully dissolving the marriage. It’s a tailored solution that accommodates the unique needs and preferences of couples like Betty and Gene.

‘Divorce from Bed and Board’ in New Jersey is extremely nuanced and requires a clear understanding of its implications and your unique circumstances. Couples considering this option are well-advised to seek the advice of an experienced New Jersey divorce attorney to ensure they make informed decisions that align with their long-term goals.

Why Handle Your Legal Separation With Divorce From Bed and Board?

Choosing to separate from your partner is never easy, and deciding on the right type of separation can add to the complexity. Opting for a Divorce from Bed and Board may seem unconventional, but it can be the right option in certain circumstances. It allows for a legally recognized separation while maintaining certain marital benefits, such as health insurance or tax advantages. This type of divorce can also provide safety benefits and a simplified process compared to absolute divorce.

If you’re considering a Divorce from Bed and Board, here are some key questions to consider asking yourself or your family:

  • How will this separation impact my financial situation?
  • Do I want to maintain certain marital benefits such as health insurance or tax advantages?
  • How will my divorce affect any children involved?
  • Am I looking for a divorce to bring a sense of security to my situation?
  • How will property, assets, and debts be divided in my divorce?
  • How can I prepare myself emotionally and financially for this process?

Turn to Keith Family Law to Aid in the Divorce from Bed and Board Process

Ready to navigate the complexities of ‘Divorce from Bed and Board’? Our experienced family law attorneys are here to provide personalized guidance tailored to your unique circumstances. Contact us today to discuss your individual needs and goals.

We believe in caring for our clients and their families, and we’re here for you every step of the way. Contact us today! We serve the following NJ counties:

  • Union County
  • Essex County
  • Middlesex County
  • Warren County
  • Hunterdon County
  • Morris County
  • Hudson County
  • Bergen County
  • Monmouth County

Every end is a new beginning

Contact our family law attorneys today to schedule your initial consultation or explore how we can help people just like you in specific family law areas: