What Is the Difference between Legal Separation and Divorce in NJ?

At its core, marriage is a contractual commitment which creates a unique set of obligations and duties. In order to dissolve that contract in the State of New Jersey, you will need the proper authority to grant you a divorce. Unlike other jurisdictions, there is no “legal separation” within the State of New Jersey. Instead, parties may wish to consider obtaining a divorce from bed and board, which serves a similar purpose while staying legally married.

With respect to civil unions, the term “legal separation” does apply to certain Court proceedings. In essence, “legal separation” refers to the specific circumstances when civil union couples seek the same result as a divorce from bed and board.

Both an absolute divorce and a divorce from bed and board bring about many complications, which is why working closely with an experienced divorce attorney is in your best interest.

Divorce in New Jersey

The right to obtain a divorce in New Jersey is governed by statute. When you obtain an absolute divorce in New Jersey, you are freed from the legal bonds of matrimony. Once a final divorce decree is signed by a New Jersey Superior Court Judge, the marriage contract is officially dissolved, and your divorce will be considered finalized on that same date.

While the details of a divorce are specifically tailored to each couple and their particular circumstances, every divorce must address the following terms in order to be considered final, as deemed applicable:

• Equitable distribution, which refers to the fair division of the assets and liabilities (debts) acquired during the marriage;
• Child custody, including legal and physical custody, along with a parenting time arrangement;
• Child support; and
• Alimony, which may also be referred to as spousal support.

Once a divorce is finalized by the Court, you and your spouse will officially no longer be legally married to each other.

Divorce from Bed and Board

If a couple is not ready to proceed with an absolute divorce in the State of New Jersey, one approach may be to consider a divorce from bed and board, sometimes referred to as a “limited divorce.’ However, similar effort is required to obtain a divorce from bed and board as would be exerted for an absolute divorce, as the same key terms are still addressed; as discussed above, this includes alimony, child support, custody, and equitable distribution. The primary difference with a divorce from bed and board is that, while you and your spouse may live separate and apart, you will remain legally married. In turn, although you may live separately while the legal relationship remains intact, financial ties are essentially severed as though an absolute divorce had been obtained.

Considerations to Keep in Mind

The fact that you remain married when you obtain a divorce from bed and board brings up some important concerns. Notably, you will not be able to remarry if you engage in a subsequent relationship. You will also be required to return to Court in order to convert your limited divorce to an absolute divorce. Unlike an absolute divorce, which ends your marriage on that date, you can revoke a divorce from bed and board if you and your spouse choose to reconcile down the line. There are many other important distinctions and facts that may arise if you choose to seek a divorce from bed and board.

An Experienced Marlton Divorce Lawyer Can Help

The seasoned divorce attorneys at Weinberg, Kaplan, & Smith, P.A., located in Marlton, New Jersey, recognize that couples have different priorities, preferences, and needs when it comes to divorce and separation. We employ the full scope of our legal experience and skill in pursuit of optimal case outcomes for every client we serve. Learn more by contacting us online or calling us at 856-795-9400 today.