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.
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Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Divorce
Throughout New Jersey
5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010
