Cause Of Action for Divorce from Bed and Board

There really is no formal proceeding to have a legal separation in New Jersey. The closest legal proceeding for a "legal separation" provides under New Jersey divorce laws is a Divorce from Bed and Board. A Divorce from Bed and Board is a legal proceeding that is not really a divorce, but it is more than a legal separation.

In this type of proceeding, the parties are economically divorced but they are still legally married. The parties obtain a judgment that equitably distributes the assets, support awards are issued, alimony awards are made, debts are apportioned, marital homes are sold, and pensions are divided. A Divorce from Bed and Board does not terminate or dissolve the marital bond. Instead, the Divorce from Bed and Board only declares that the parties are legally separated. Although a divorce from bed and board is somewhat rare today, it may be desirable for couples who are averse to getting a divorce.

Another main difference between an absolute divorce and a divorce from bed and board, is that in an absolute divorce only one spouse has to file or request a divorce from the family court. Meanwhile, in a divorce from bed and board case both parties must request and/or agree that the court should grant a divorce from bed and board. If both parties don't want to have the court grant them a divorce from bed and board, then the court will not grant one. Meanwhile, in an absolute divorce case the family court will grant a divorce even if one spouse does not want to get divorced.