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Divorce can be a challenging and emotional process, but in recent years, changes in divorce laws have provided more options and flexibility for couples seeking to end their marriage.
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That's it.You want a legal separation.
You're done.
You just cannot take it anymore.
The marriage is over.
You've heard about legal separation for a long time and you think that you might want one (yes, NJ DOES offer legal separation notwithstanding what other people may say...it just isn't called "legal separation" here in New Jersey...we call it a "Divorce From Bed and Board".)
But...you've got to give this some more thought because you can seek either:
1. an informal separation; or
2. a legal separation; or
3. a divorce.
While we don't use the phrase "legal separation" in New Jersey, our "Divorce From Bed and Board" is similar to what other states refer to as "a legal separation".
What exactly IS a "Divorce from Bed and Board"?
And would you be better off with a Divorce from Bed and Board, a simple informal separation (where you basically just move out and work things out informally) or a regular divorce?
A Divorce from Bed and Board is what I call "a 99% divorce."
Normally it would start out as any other "divorce case".
We negotiate.
Perhaps we actually file for divorce based upon irreconcilable differences.
Then we settle all financial issues: alimony, child support, college payments, credit card debt, and any other financial issues.
We divide all property: houses, boats, investments, retirement accounts, and all other forms of property.
Child custody is decided, as is parenting time between the parties.
Everything that would normally get resolved in a divorce case gets resolved in a divorce from bed and board case.
In writing.
But here's the difference from a divorce case...
Ultimately, at the end of the case, there is a formal order signed by a New Jersey Superior Court Judge that makes the "divorce from bed and board" a final order of the Court.
Similar to what you would receive in an absolute divorce case.
So what is the difference in New Jersey between a regular divorce and a Divorce from Bed and Board?
And how would you begin to pursue either a divorce or a Divorce from Bed and Board?
For starters, if you get a Divorce from Bed and Board, you are still married. You cannot marry someone else because you and your spouse remain married (although all obligations and responsibilities of your marriage have been resolved in a Court order called a "Judgment of Divorce From Bed and Board".)
In New Jersey, whether a person is seeking a regular divorce or a Divorce from Bed and Board, the initial legal paperwork is identical: a formal court document called a "complaint for divorce" seeking a regular divorce is filed.
At the end of the case, after everything has been settled, a person who had originally sought a traditional divorce might seek to modify his request to a "Divorce from Bed and Board".
(Note: a "Divorce from Bed and Board cannot be forced upon anyone by a judge...a judge only has the power to enter a traditional divorce, so you can only request a Divorce from Bed and Board if your spouse consents.)
In my experience, there are 3 main reasons that someone might consider a Divorce from Bed and Board as opposed to an absolute divorce.
First, many people wish to attempt to continue using their current health insurance account without triggering an increase in rates. A full divorce would require each side to obtain their own health insurance, which can be very expensive.
On the other hand, in New Jersey, a Divorce from Bed and Board is often viewed by health insurance companies as something that has not ended the marriage, and therefore the insurance company may continue to pay benefits to both parties without raising premiums.
This can be a great way to save money while also finalizing all issues of money, property, and children with your spouse.
Second, sometimes a person has religious objections to divorce, and the fact that a Divorce From Bed and Board means that they are technically not divorced, yet they have the benefit of having resolved all issues with their spouse, is comforting to them for religious reasons.
Finally, some people who no longer wish to live together but hold out hope for a possible future reconciliation feel that it may be easier for them to reconcile later by putting a Divorce from Bed and Board in place rather than a full divorce.
In any event, if you and your spouse agree to convert your divorce case to a case for "divorce from bed and board" then you will remain technically "married" but you will go forward living your separate lives pursuant to the contract that your reached, as embodied in your legal separation judgment (again, in New Jersey we call it a "divorce from bed and board judgment.)
But do you really want a "legal separation" (ie, a "divorce from bed and board")?
Or should you be investigating the possibility of getting a divorce?
Or would it be best for you to just separate informally?
CONGRATULATIONS! YOU'VE MADE A GOOD START...
...but you probably should be getting a solid "divorce education."
Learn
how to protect yourself and make a fair deal.I've written hundreds of articles on New Jersey-specific divorce topics.
Articles like: do you need money during the divorce case?
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Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Divorce
In Monmouth County5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010 - Read More
It has often been said that 99 out of 100 NJ Divorce Cases are ultimately settled, and that only 1 out of 100 divorce cases in New Jersey actually result in a trial before a Family Court judge.
The way that a case is most often settled is through the use of a custom drafted document called a Separation Agreement (also called a Matrimonial Settlement Agreement (MSA) or an Interspousal Agreement or a Property Settlement Agreement.)
There are many names for the same type of document.
Drafting a Separation Agreement (MSA) in a NJ divorce case is not an easy task. It is sort of the metaphorical equivalent to what a sculptor faces when he sits down to create a sculpture.
I'm not a sculptor. I have never tried sculpting from a block of rock.
Yet I imagine that if I were a sculptor, I would start with a square block of stone.
I imagine that I would have a general idea of what I intended my final project to ultimately look like before I started chipping away at that stone.
Topics: Divorce, Divorce Court
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Monmouth County, NJ is known for its stunning beaches, warm weather, and vibrant summer community.
But what many people don't realize is that during the off-season, the area offers an abundance of fully furnished rentals at affordable prices.
These winter rentals are perfect for anyone looking for a temporary home from September through June, and they can be an especially attractive option for someone going through a divorce.
Divorce can be a challenging and emotionally draining experience, and it's often difficult for both spouses to remain in the same house during the separation process.
However, moving out can be expensive, especially if you're looking for a fully furnished home.
That's where winter rentals come in.
Since Monmouth County is a seasonal beach community, many property owners rent out their homes during the off-season.
These homes are fully furnished, so you don't have to worry about buying furniture or appliances, and they're often available at a significantly lower cost than renting a permanent home.
In addition to being affordable, winter rentals offer several other benefits for divorcing spouses.
First, they offer a sense of independence and freedom that can be difficult to achieve when living with a soon-to-be-ex partner.
By having your own space, you can establish a routine that works for you and focus on your own needs without any distractions.
This can be especially important during a time when emotions are running high.
Second, winter rentals offer a fresh start.
If you're looking to create a new home for yourself, a winter rental can provide the perfect opportunity to do so.
Since these homes are often fully furnished, you don't have to worry about buying new furniture or decorating your space.
Instead, you can focus on creating a living environment that reflects your personality and makes you feel comfortable and at home.
Third, winter rentals offer flexibility.
Since they're only available for a set period, you have the freedom to move on when the time is right for you.
This can be especially important for divorcing spouses who may not know exactly where they want to live in the long term.
With a winter rental, you can take your time exploring the area and deciding where you want to settle down next.
Finally, winter rentals offer a sense of community.
While Monmouth County is known for its summer crowds, the winter season offers a more tight-knit community of year-round residents.
This can be especially important for divorcing spouses who may be feeling isolated or alone during the separation process.
By living in a winter rental, you can connect with other residents, participate in local events and activities, and feel like you're part of a community.
In conclusion, winter rentals in Monmouth County, NJ offer an affordable and attractive option for divorcing spouses who are looking for a temporary home during the separation process.
They offer a sense of independence, a fresh start, flexibility, and a sense of community that can be difficult to achieve when living with a soon-to-be-ex partner.
If you're going through a divorce and looking for a new home, consider exploring the many fully furnished winter rentals that Monmouth County has to offer.
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Marriage can be an incredibly complex and difficult journey, and there are many different issues that couples may face along the way.
One common challenge that many couples encounter is unhappiness in the marriage, which can stem from a variety of factors.
When one spouse is unhappy in the marriage, they may feel like they want to leave the marital home in order to escape the situation.
However, it is important to understand that in the state of New Jersey, one unhappy spouse cannot simply force the other spouse to leave the marital home.
There is only one exception to this rule: applying for a restraining order under the Prevention of Domestic Violence Act.
In cases where one spouse has been the victim of domestic violence or feels threatened by the other spouse, they may be able to obtain a restraining order that requires the other spouse to leave the marital home.
However, outside of this situation, there are very few circumstances in which one spouse can force the other to leave the marital home.
The reason for this is that both spouses have legal rights to the marital home, regardless of how happy or unhappy they may be in the marriage.
In many cases, both spouses have contributed financially to the purchase and upkeep of the home, and both spouses have a legal right to occupy the property.
As such, one spouse cannot simply force the other out of the home, even if they are unhappy in the marriage.
In the absence of a court order, one unhappy spouse may feel stuck in the marriage and trapped in the marital home.
However, it is important to remember that there are other legal options available to them.
For example, they may be able to file for divorce and request that the court grant them exclusive possession of the marital home.
Additionally, they may be able to negotiate with their spouse to come to an agreement about the division of assets, including the home, as part of the divorce process.
Ultimately, it is important for couples to understand their legal rights and responsibilities when it comes to the marital home.
While one unhappy spouse may not be able to force the other to leave, there are other options available for couples who are struggling in their marriage.
By working with experienced attorneys and mediators, couples can find solutions that work for their unique situation, and move forward in a way that is fair and equitable for both parties.
IF THIS ARTICLE WAS HELPFUL, THEN LET ME HELP YOU CONTINUE YOUR DIVORCE EDUCATION
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Young divorce lawyers in New Jersey are taught that "NJ does not have legal separation."
I challenge that argument.
Because we have something that is very close to the concept of legal separation.
We don't call it legal separation, though. We call it "a divorce from bed and board."
Many other states have "legal separation" as an option for people in unhappy marriages. Which state's version of "legal separation" should I pick to compare with a NJ divorce from bed and board?
I chose our next door neighbor, New York.
Recently, I set out to see how a divorce from bed and board under NJ law is similar to and different from a legal separation. I compared New Jersey law to New York law.
What I found is that both concepts are strikingly similar to each other.
Indeed, divorce from bed and board and legal separation are two legal concepts that allow married couples to live apart while remaining legally married.
However, these concepts differ a bit in their legal requirements, effects, and procedures.
In this article, I will analyze the concept of a "divorce from bed and board" in NJ, and compare it to the concept of legal separation in NY to highlight their similarities and differences.
Divorce from Bed and Board in NJ
Divorce from bed and board, also known as a limited divorce, is a legal action that allows a married couple to live apart while remaining legally married.
It is a legal separation that does not dissolve the marriage.
In NJ, divorce from bed and board may be granted on the grounds of extreme cruelty, adultery, willful desertion for 12 or more months, habitual drunkenness for 12 or more months, deviant sexual conduct, or any of the other NJ divorce grounds.
The procedure for obtaining a divorce from bed and board is similar to that of a regular divorce, including filing a complaint, serving the complaint on the other spouse, and attending a court hearing.
Legal Separation in NY
Legal separation is a legal arrangement in which a married couple lives apart, but the marriage remains legally intact.
In NY, legal separation can be obtained by filing a separation agreement with the court or obtaining a judgment of separation.
A separation agreement is a written agreement between the parties that sets forth the terms of the separation, including the division of property, child custody, and support.
A judgment of separation is a court order that sets forth the terms of the separation.
In NY, legal separation does not require any grounds for divorce, but it can be converted into a divorce after one year.
Similarities
Both divorce from bed and board and legal separation allow married couples to live apart while remaining legally married.
Both require the parties to reach an agreement on important issues such as child custody, child support, and the division of property.
Both may also involve court hearings to resolve any disputes between the parties.
Differences
The main difference between divorce from bed and board in NJ and legal separation in NY is the legal requirements for obtaining them.
In NJ, divorce from bed and board requires grounds such as extreme cruelty, adultery, and habitual drunkenness.
In contrast, legal separation in NY does not require any grounds for separation.
Another difference is the procedure for obtaining them.
In NJ, divorce from bed and board requires filing a complaint, serving the complaint on the other spouse, and attending a court hearing.
In NY, legal separation can be obtained by filing a separation agreement with the court or obtaining a judgment of separation.
My Conclusion
They are pretty much the same in most significant respects.
Divorce from bed and board and legal separation are both legal concepts that allow married couples to live apart while remaining legally married.
Both concepts require the parties to reach an agreement on important issues, and both may involve court hearings to resolve any disputes.
However, the legal requirements and procedures for obtaining them differ between NJ and NY.
In NJ, divorce from bed and board requires grounds for divorce, while legal separation in NY does not.
Additionally, the procedures for obtaining them differ, with NJ requiring filing a complaint and attending a court hearing, while NY allows for the filing of a separation agreement or obtaining a judgment of separation.
WHAT'S THE BOTTOM LINE?
The bottom line--at least in my opinion--is that a divorce from bed and board is New Jersey's version of a legal separation, and that, yes, New Jersey does, therefore, offer "legal separation" as an option for people in unhappy marriages.
LET ME HELP YOU CONTINUE YOUR DIVORCE EDUCATION
Deciding whether to seek a legal separation, an informal separation, or a divorce is just the beginning.
If you are having marital problems, you'll need a lot more education to help you continue to make the best decisions for yourself.
Keep reading my series of divorce articles.
I'll teach you how to protect yourself.
You'll learn how to make a fair deal.
I've written hundreds of brief articles, just like this one, on New Jersey specific divorce-related topics.
For example, DO YOU NEED MONEY from your spouse for your needs during the divorce case?
Or IS YOUR SPOUSE A NARCISSIST?
Do you want to move out and actually physically separate? Or is moving out going to hurt your CHILD CUSTODY CASE?
Is your spouse ABUSING ALCOHOL OR DRUGS? And if so, how can you protect your kids?
Should you talk to a divorce lawyer? And if so, how do you find a really good one? I'll give you a formula for finding just THE RIGHT DIVORCE LAWYER FOR YOU.
And finally...if either this article on Legal Separation or any of the above articles were useful to you, then I want you to know that there are hundreds more articles just like these that I will share with you at no cost!
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I cannot tell you how many people have told me that this article has helped them make better divorce-related decisions that led them to a favorable divorce settlement.
It will help you, too, as will all of the other brief, easy to understand articles that I will send to you, one each day.
Start your free subscription to NJ DIVORCE EDGE 2023 right now...you'll be so glad that you did!
I cannot wait to start helping you get the "edge" in your New Jersey divorce case!
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Divorce
Throughout New Jersey5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010 - Read More
It has often been said that 99 out of 100 NJ Divorce Cases are ultimately settled, and that only 1 out of 100 divorce cases in New Jersey actually result in a trial before a Family Court judge.
The way that a case is most often settled is through the use of a custom drafted document called a Separation Agreement (also called a Matrimonial Settlement Agreement (MSA) or an Interspousal Agreement or a Property Settlement Agreement.)
There are many names for the same type of document.
Drafting a Separation Agreement (MSA) in a NJ divorce case is not an easy task. It is sort of the metaphorical equivalent to what a sculptor faces when he sits down to create a sculpture.
I'm not a sculptor. I have never tried sculpting from a block of rock.
Yet I imagine that if I were a sculptor, I would start with a square block of stone.
I imagine that I would have a general idea of what I intended my final project to ultimately look like before I started chipping away at that stone.
Topics: Divorce, Divorce Court
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In New Jersey, one important concept to understand is the idea of maintaining the status quo during the divorce process.
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In New Jersey, there is no set minimum length of time a person has to be married to qualify for alimony in a divorce.
This means that even if a couple has been married for a short time, one spouse may still be entitled to receive financial support from the other.
The decision to award alimony in a divorce is based on several factors, including the length of the marriage, the income and earning potential of each spouse, the standard of living during the marriage, the age and health of each spouse, and the contributions made by each spouse to the marriage.
However, the length of the marriage is not the only factor considered when determining whether alimony should be awarded.
In some cases, a couple may have been married for a short time but one spouse gave up a career or education opportunities to support the other spouse's career or to raise children.
In such cases, the court may award alimony to the spouse who sacrificed their career or education for the benefit of the marriage.
Similarly, if one spouse has a significantly higher income or earning potential than the other, the court may award alimony to the lower-earning spouse even if the marriage was short-lived.
The purpose of alimony is to ensure that both spouses are able to maintain a similar standard of living after the divorce.
This means that the amount and duration of alimony awarded will depend on the specific circumstances of the case.
In some cases, alimony may be awarded for a short period of time to allow the lower-earning spouse to become financially independent.
In other cases, alimony may be awarded for a longer period of time, especially if the lower-earning spouse has limited job skills or is of an advanced age.
It is important to note that alimony is not automatically awarded in every divorce case in New Jersey.
The court will consider all of the relevant factors before making a decision about whether to award alimony and, if so, the amount and duration of the payments.
Additionally, the court may modify or terminate alimony payments if there is a significant change in the circumstances of either spouse.
In conclusion, there is no set minimum length of time a person has to be married to qualify for alimony in a divorce in New Jersey.
The decision to award alimony is based on a variety of factors, including the length of the marriage, the income and earning potential of each spouse, and the contributions made by each spouse to the marriage.
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