When a couple decides that a marriage or a civil union in New Jersey has broken down, they must go through several legal processes to bring the relationship to a legal end.
A marriage or civil union may end with a divorce or a separation.
New Jersey state law doesn’t use the term “legal separation” which can be confusing since it is used in other states.
Married couples need to know the importance of understanding the legal processes available, and the rights and responsibilities of each spouse when considering how to end a marriage.
ABSOLUTE DIVORCE vs DIVORCE FROM BED AND BOARD
An absolute divorce is a divorce from the bond of matrimony. It is signed by a judge and it ends the marriage.
Since New Jersey doesn’t offer legal separation, courts have developed the option of divorce from bed and board, which is a hybrid of separation and not an absolute divorce.
It’s also called a limited divorce, which is the closest that New Jersey gets to offering a type of “legal separation” for married couples.
It is a court order to resolve issues of alimony, child support, and property distribution while a couple remains legally married.
Any property that one spouse acquires once the limited divorce is finalized becomes their separate property.
CIVIL UNION SEPARATIONS
Under the law in New Jersey, a legal separation is permitted for couples who are in a “civil union.”
The dissolution of a civil union in New Jersey is similar to a divorce. Before filing a petition with the court to dissolve the union, at least one person in the civil union must have lived in New Jersey for at least one year.
A civil union follows the same procedures as a marriage when it comes to alimony, asset distribution, and childcare responsibility. When a civil union dissolves, spouses are entitled to child support, spousal maintenance, and equitable distribution.
Civil union dissolution in New Jersey is governed by the same laws and regulations as divorce.
Cooper Levenson is a full-service law firm established in 1957. Cynthia N. Grob, Esq., a partner with nearly 20 years of experience in family law, can be reached at cgrob@cooperlevenson.com or by calling 856-857-5538.