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New Jersey law does not provide for a legal separation the way some other states do. Rather instead they have this "Limited Divorce" referred to as a Divorce from Bed and Board. Technically, couples are still married after a divorce from bed and board. BUT neither are obligated to financially support the other.
The primary reason that people pursue the limited divorce is it allows a spouse to continue to remain on health insurance coverage provided by the other spouse’s employer.
Inregard to your questions:
1. If i want to file under NJ Divorce under Bed and Board can i go ahead and cancel the conventional divorce i started(This was done 20 days ago and my spouse was issued the summons) and then initiate a new NJ Bed and Board.
YES. You file a Motion to withdrawal the Petition for devorce. After that is withdrawn you would file a new Peition for the limited divorce.
2. Does the bed and board force a physical separation or can be stay under the same roof.
No. The court does not care about your living arrangements
3.What other complexities can occur in the bed and board vs conventional divorce.
You are technically still married. So you can not remarry another without going through a conventional divorce.
4. As an alternate to the bed and board can we stay married and can i do a Post Nuptial Agreement that will afford me the financial protection that i am looking for.
Post Nuptial Agreements are NOT favored by the courts, and they will look for any reason to disregard them. If you do a post nuptial both parties MUST have attorneys representing them. The Court will not recognize a do it yourself post nup.
5) Sometimes one party is less financially responsible than the other. This can be very difficult and is a major reason that leads couples to divorce. If you can separate your finances and use the limited divorce to buffer yourself from the other's debts a limited divorce (Bed and Board) can be a useful way to maintain an otherwise cordial relationship. BUT you need to remember that you are still technically married under the limited divorce.
But you cannot accrue marital property and any property held as tenants by the entireties becomes tenants in common property. Also, inheritance rights can be effected if there is no will.
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