Some people find themselves in a situation where their marriage is no longer healthy and functional, but they do not wish to divorce. Religious beliefs, agreements between spouses, concerns about medical needs and hope for reconciliation are among the various reasons why spouses may not want to legally end a marriage through absolute divorce.
The spouses may question whether they can pursue a legal separation. Technically, New Jersey does not offer legal separation in the same sense that some other states do. However, people have the option of pursuing a limited divorce, also known as a “divorce from bed and board.”
Limited divorce can offer multiple benefits
Petitioning for a limited divorce is roughly the same as petitioning for a traditional divorce. Spouses have to submit paperwork to the family courts. Unlike a traditional or absolute divorce, a limited divorce is only available in scenarios where both spouses agree to change their marital status.
Technically, those pursuing a limited divorce are still married. Even after securing a limited divorce, going back to family court to complete an absolute divorce is necessary if either spouse desires to remarry in the future.
The spouses must work out an arrangement to divide their property and possibly their parental rights and responsibilities. Limited divorce may allow one spouse to remain on the other’s health insurance, which can be one reason to pursue this type of arrangement instead of a traditional divorce.
After securing a limited divorce, any income or property acquired by either spouse is their separate property. It typically isn’t at risk of division if the spouses move forward with a divorce later. The spouses could also potentially reconcile. At that point, they can ask the courts to revoke the judgment of limited divorce.
In many ways, limited divorce requires most of the effort involved in traditional divorce without a legal end to the marital relationship. Limited divorce can be a viable option for people in a variety of difficult situations.
Those unsure of how to resolve family law matters may need to discuss their circumstances with a family law attorney familiar with New Jersey’s unique divorce and limited divorce statutes. Pursuing a limited divorce can be a viable option for some people who live separately but do not want to terminate a legal marriage.
