Unlike other states, New Jersey does not have a separate court process called “legal separation” in family law. Instead, the state allows married couples to pursue what the law calls a divorce from bed and board.
To get a divorce from bed and board, a person would have to allege the same legal grounds as they would if they wanted the more conventional type of divorce, which New Jersey calls a divorce from the bonds of matrimony.
Practically speaking, the divorce from bed and board works just like any other divorce. The judge enter orders to divide property equitably and set up expectations related to child custody, child support and alimony.
As is the case with any divorce, the couple can each present their side of the case to the judge for the judge to decide or can try to resolve any disagreements among themselves.
The unique feature of a divorce from bed and board is that, after the divorce, the couple remains legally married.
However, at any point after the proceeding, either side can ask for a conventional divorce which will legally end the marriage. Likewise, effectively, both sides must agree to a divorce from bed and board at the outset. Otherwise, the court proceeds with a conventional divorce.
Why would I want a divorce from bed and board?
Many Burlington County residents opt for a divorce from bed and board for religious and moral reasons. The option gives those who have objections to divorce the ability both to stay legally married and to receive the same legal protections a conventional divorce offers.
A divorce from bed and board is not just for those who are religious. A person may just want to take their time in unwinding their relationship. Sometimes, remaining legally married may carry with it a financial or other important advantage.
Those interested in a divorce from bed and board can discuss whether this option is right for them. They should remember, however, that even if they are going to remain legally married, they still will need to advocate for their right to a fair share of the marital property as well as a right to a relationship with their minor children.