Sylvia Costantino, Esq.

Legal Separation

Legal Separation

legal-separation-njThe State of New Jersey does not recognize legal separation however there is an alternative. New Jersey has a statutory provision called Divorce From Bed and Board that allows for legal settlements of issues regarding custody, property distribution, child support and alimony without having to be legally divorced. This type of arrangement is useful for couples who are unable or unwilling to divorce for religious or other moral reasons. Divorce from Bed and Board offers an economic divorce but does not dissolve the marital bond.

Pursuant to N.J.S.A. 2A:34-23, a Divorce From Bed and Board is granted for the same reasons as a final divorce. However, should either party want to convert the Divorce From Bed and Board into an absolute judgment of divorce, the Court will do so as a matter of right. The parties can agree to leave the Divorce From Bed and Board in place for a specified period of time before converting it into an absolute divorce. The parties would specify this in their Property Settlement Agreement.

Frequently, spouses will agree to enter into a Divorce From Bed and Board to allow one spouse to stay on the other’s medical insurance. However, not all insurance companies still permit this so it is important to check with the specific insurance carrier.

Seeking Legal Counsel

Again, while New Jersey does not recognize a “legal separation”, many of the same consequences of that type of an arrangement are available with a Divorce From Bed and Board. At the Law Offices of Sylvia S. Costantino, Esq., LLC, we are well-versed in the state’s various legal remedies regarding marital issues and are ready to help protect you and your family.

We assist clients from Holmdel to Freehold to Toms River and beyond to help them through their legal separation issues. We offer convenient appointments that fit with your family’s schedule. Contact a New Jersey Child Support Attorney today at the Law Offices of Sylvia S. Costantino, Esq., LLC for more information.