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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 2865
Experience:  30 years of experience
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Customer Question

I request that you take up this question only if you can do justice to it. ThanksI have filed for Divorce under NJ state. Me and my spouse are now wondering we if we can NJ Divorce under Bed and Board as against conventional Divorce.
My questions are
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.
2. Does the bed and board force a physical seperation or can be stay under the same roof.
3.What other complexities can occour in the bed and board vs 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.
Any other guidance on this will be appreciated.
Submitted: 3 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 3 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

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 After that is withdrawn you would file a new Peition for the limited divorce.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.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald