When a marriage is no longer working, many spouses assume that their only option is a full divorce. However, some spouses may not be ready—or may not wish—for a complete legal dissolution of their marriage under New Jersey law. Although New Jersey does not formally recognize “legal separation,” there are alternatives that can serve a similar purpose, depending on your circumstances.
An experienced Cherry Hill divorce lawyer can review your situation and help you determine whether pursuing a Divorce from Bed and Board, or moving forward with an absolute divorce, is the right path for you.
What Is Legal Separation?
To clarify, New Jersey law does not provide for legal separation by name. While some states offer a formal process called legal separation, New Jersey does not. Instead, spouses who want many of the benefits of separation without fully dissolving their marriage may pursue a Divorce from Bed and Board—sometimes referred to as a “limited divorce.”
This option allows spouses to separate financially and resolve issues such as property division and support, while technically remaining legally married. In other words, you would no longer share financial responsibilities with your spouse, but you could not remarry because your marriage is not legally terminated.
Many spouses consider this arrangement for reasons such as:
- Religious beliefs that discourage or forbid divorce.
- Health insurance needs, since divorce often terminates coverage.
- Hope of reconciliation, as a Divorce from Bed and Board can be revoked if the spouses reconcile.
How Does a Divorce from Bed and Board Work in New Jersey?
In a Divorce from Bed and Board, the court can address the same issues typically resolved in an absolute divorce, including:
- Division of marital property
- Spousal support (alimony)
- Child custody and parenting time
- Child support
Once finalized, the agreement or court order has full legal effect. If you and your spouse cannot agree on terms, a judge can decide unresolved issues.
The key distinction is that you remain legally married. This means you cannot remarry unless you later convert the limited divorce into an absolute divorce. Fortunately, conversion is a relatively straightforward process and does not require repeating the entire legal proceeding.
Can a Divorce from Bed and Board Be Revoked?
Yes. One unique aspect of this arrangement is that it can be undone if both spouses decide to reconcile. Because the marriage was never fully dissolved, the spouses do not need to remarry. You can remain indefinitely in this arrangement if it works for your family, or either spouse may later choose to pursue a full divorce under New Jersey law.
Contact Our Cherry Hill Divorce Lawyers at Burnham Douglass
If you are considering divorce or exploring alternatives, our Cherry Hill divorce lawyers at Burnham Douglass can help. Call us today at 856-751-5505 or fill out our online contact form to schedule a free consultation. We have offices in Marlton and Northfield, and we proudly serve clients throughout South Jersey, including Cherry Hill, Camden County, Burlington County, Atlantic City, and beyond.