What is the difference between legal separation and divorce in New Jersey
New Jersey does not recognize a formal “legal separation” status. Instead, spouses who wish to live apart while remaining legally married may pursue a divorce from bed and board (also called a limited divorce) or enter into a separation agreement. An absolute divorce, by contrast, dissolves the marriage permanently. The key difference is that a divorce from bed and board resolves issues such as support, custody, and property division but does not end the marriage; the parties remain legally married and cannot remarry. An absolute divorce terminates the marital relationship entirely. Both processes involve the Superior Court of New Jersey, Chancery Division — Family Part, and the firm’s New Jersey location assists clients throughout the state. For a consultation about your options, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Divorce from Bed and Board vs. Absolute Divorce: Key Differences
A divorce from bed and board is governed by New Jersey law and may be granted on any ground that would support an absolute divorce. Once the judgment is entered, the court can address alimony, child custody, parenting time, equitable distribution, and other relief — much like an absolute divorce — but the marriage bond itself remains intact. After 18 months, either spouse may apply to convert the limited divorce into an absolute divorce, which dissolves the marriage without the need to re-prove grounds. This limited remedy is sometimes used by individuals who have religious objections to divorce or who need to maintain certain insurance benefits while resolving their financial and parenting arrangements.
An absolute divorce, on the other hand, completely terminates the marriage. Grounds include irreconcilable differences that have persisted for at least six months, adultery, desertion, extreme cruelty, and other fault-based grounds listed in the statute. New Jersey is an equitable distribution state, meaning marital assets and debts are divided fairly, though not necessarily equally. Alimony awards consider the length of the marriage, each spouse’s earnings, and the standard of living, with durational alimony generally limited to the length of the marriage for unions under 20 years. Throughout the process, New Jersey’s mandatory Early Settlement Panel and Case Information Statement requirements help move cases toward resolution.
Frequently Asked Questions
What is divorce from bed and board in New Jersey?
A divorce from bed and board, also called a limited divorce, is a court judgment that resolves support, custody, and property issues but does not end the marriage. A spouse can seek this remedy on the same grounds as an absolute divorce. The spouses remain legally married and cannot remarry. After 18 months, either party may apply to convert the judgment into an absolute divorce, which dissolves the marriage. This option is sometimes chosen for religious reasons or to maintain health insurance coverage while living apart.
What are the grounds for divorce in New Jersey?
New Jersey recognizes both no-fault and fault-based grounds for absolute divorce. The most common no-fault ground is irreconcilable differences that have persisted for at least six months. Fault grounds include adultery, desertion for 12 months, extreme cruelty, addiction, institutionalization, imprisonment, and deviant sexual conduct. A divorce from bed and board may also be sought on these grounds. To determine which ground fits your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I get a legal separation in New Jersey?
New Jersey does not have a formal legal separation status, but spouses can achieve similar practical results through a divorce from bed and board or a separation agreement. A separation agreement is a written contract that addresses support, custody, and property division while the parties remain married. The court can enforce such agreements. This approach allows couples to live apart and settle their rights without dissolving the marriage.
How does divorce from bed and board affect property division?
A divorce from bed and board can include equitable distribution of marital assets and debts, just like an absolute divorce. However, because the marriage is not dissolved, certain rights — such as inheritance or pension survivor benefits — may continue unless the judgment specifically addresses them. Once the judgment is converted to an absolute divorce, the distribution becomes final. A separate property settlement agreement can also be incorporated into the limited divorce judgment.
Can I remarry after a divorce from bed and board?
No. A divorce from bed and board does not dissolve the marriage, so neither spouse may remarry. Remarriage is permitted only after an absolute divorce. If either party wants to remarry, they must first convert the limited divorce to an absolute divorce, which can be done after 18 months without the need for additional grounds.
How long does a divorce take in New Jersey?
The timeline for a divorce varies depending on whether the case is contested or uncontested. An uncontested divorce where both parties agree on all issues may resolve more quickly, while a contested case with disputes over custody, alimony, or asset division may take longer. New Jersey mandates an Early Settlement Panel and other court processes that influence scheduling. For guidance on your specific matter, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Do I need a lawyer for a divorce in New Jersey?
You are not legally required to hire a lawyer for a divorce, but having experienced legal representation helps protect your rights. New Jersey divorce involves detailed financial disclosures (Case Information Statements), equitable distribution calculations, and procedural rules that can be difficult to navigate without legal training. An attorney can explain your options and work to achieve a fair resolution.
What is equitable distribution in New Jersey?
Equitable distribution is the process by which New Jersey courts divide marital property in a divorce. The court considers factors such as the length of the marriage, each spouse’s income and contributions, the age and health of the parties, and the tax consequences of the division. The goal is a fair — not necessarily equal — division of assets and debts.
What is the difference between alimony and spousal support?
In New Jersey, alimony and spousal support refer to the same concept: financial payments from one spouse to the other after a divorce or limited divorce. The type and duration of alimony depend on the marriage length and the parties’ circumstances. Under the 2014 alimony reform, durational alimony is generally limited to the length of the marriage for unions under 20 years. Open durational alimony may be awarded for longer marriages.
Can I settle my divorce out of court?
Yes. Most New Jersey divorces are resolved through negotiated settlements rather than trial. Spouses can reach an agreement on all issues and submit a proposed judgment to the court. Mediation, Collaborative Law, and the mandatory Early Settlement Panel are all available to help parties reach a resolution without a contested trial.
What is a Case Information Statement?
A Case Information Statement (CIS) is a mandatory financial disclosure document required in every New Jersey divorce. Both spouses must complete and file a CIS listing their income, expenses, assets, and debts. The court relies on the CIS to determine child support, alimony, and equitable distribution.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Reach our location at (888) 437-7747 to schedule a consultation.
Related: New Jersey divorce lawyer | separation agreement lawyer in New Jersey | child custody representation in New Jersey | alimony and spousal support in New Jersey
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris. Results may vary.