Is bed and board divorce different from regular divorce?

On Behalf of | Jan 30, 2024 | Divorce From Bed And Board |

In New Jersey, there are different ways to end a marriage. Most people are familiar with ‘regular’ or absolute divorce. However, ‘divorce from bed and board’ is another option that could be a good choice under certain circumstances. But how does it differ from regular divorce?

Grounds for both are the same

Whether you’re filing for an absolute divorce or a divorce from bed and board in New Jersey, the grounds are the same. These include reasons such as irreconcilable differences, extreme cruelty, adultery and desertion, among others. So, the legal reasons to separate or end your marriage remain the same, regardless of the type of divorce you choose.

Key difference between the two

While the grounds for divorce are the same, the outcomes of these two types of divorces differ significantly. An absolute divorce completely ends the marriage. Both parties can remarry, and all legal and financial ties are severed.

On the other hand, a divorce from bed and board is a kind of limited divorce or legal separation. You live separately and your financial assets are divided, however, you remain legally married and cannot remarry unless you obtain an absolute divorce.

Choosing the most suitable type

Why might a couple choose one type of divorce over the other? The reasons can vary. Some might have religious, moral, or personal beliefs against ending a marriage. Others might need to consider health insurance implications. For instance, if a spouse has significant medical expenses or requires constant care, staying married might enable them to retain necessary health insurance. In such cases, a divorce from bed and board could be a wise financial choice.

Depending on your situation

Choosing between a regular divorce and a divorce from bed and board depends on your specific situation and goals. Given the potential legal implications of both choices, it could be beneficial to consult a legal professional if you’re considering divorce. They can provide guidance tailored to your specific situation and chosen path.



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