NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Fanwood 07023; Garwood 07027; Kenilworth 07033; Mountainside 07092; New Providence 07974; Roselle Park 07204; Roselle 07203; Elizabeth 07201; Linden 07036; Plainfield 07060; Rahway 07065; Summit 07901; Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Woodbridge 07095; Somerset 08873; Somerville 08876 and Watchung 07069, New Jersey.

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NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

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NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku.

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Limited Divorce; a Legal Separation; or a Divorce from Bed & Board.

This is based on a Letter Brief written by David Perry Davis, Esq.:

Limited Divorce (also known as a Divorce from Bed & Board) is permitted by N.J.S.A. 2A:34-3, which provides:

Divorce from bed and board may be adjudged for the same causes as divorce from the bonds of matrimony whenever both parties petition or join in requesting such relief and they or either of them present sufficient proof of such cause or causes to warrant the entry of a judgment of divorce from the bonds of matrimony, provided further that in the case of a reconciliation thereafter the parties may apply for a revocation or suspension of the judgment, and provided further that the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of said divorce to a divorce from the bonds of matrimony, which application shall be granted as a matter of right.

A judgment of divorce from bed and board decrees a judicial separation, but does not terminate the bonds of matrimony. Weinkrantz v. Weinkrantz, 129 N.J.Super. 28 (App.Div. 1974), Mueller v. Mueller, 95 N.J.Super. 244 (App.Div. 1967). The entry of a divorce from bed and board permanently fixes the property rights of each party against the other. Lavino v. Lavino, 41 N.J.Super. 608 (Ch.1956), affirmed 23 N.J. 635, Loechner v. Loechner, 119 N.J.Super. 444 (Ch.Div. 1972).

It is most commonly used when a party’s medical insurance will continue to provide coverage in the event of a separation, but not a divorce; when parties’ religious beliefs are offended by divorce, but not by a legal separation; or when the parties are close to the ten year mark that permits a dependant spouse to share in increased social security benefits based on the earnings of the supporting spouse. It can only be granted upon the joint application of the parties.

As a divorce from bed and board requires the same grounds as an absolute (or “regular”) divorce, an application for conversion of divorce from bed and board to absolute divorce requires no new findings of fact or conclusions of law. If the application to convert the judgment is not joined in by the non-moving party, a motion for summary judgment is procedurally correct. Horesta v. Horesta, 118 N.J.Super. 71 (Ch.Div. 1971). The terms of a property settlement agreement entered pursuant to a judgment of divorce from bed and board remain binding on the parties upon conversion of the judgment. Loechner v. Loechner, 119 N.J.Super. 444 (Ch.1972). As the statute indicates, the conversion should be granted “as a matter of right.” N.J.S.A. 2A:34-3.


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NOTE: Before taking advantage of this statutory provision, make sure that in fact your medical insurance provider will continue to provide coverage.

See my prior Blog Posts:
1. Divorce from bed and board is not a true divorce since it does not dissolve the bonds of matrimony but merely decrees a judicial separation; and

2. Divorce from Bed & Board — federal income tax Filing Status.

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

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In my prior Blog Post, I reported that our poor economy is driving down the New Jersey divorce rate.

Notwithstanding the wows of a divorce during these difficult times, some see an opportunity for a “good deal.”

Read more about this phenomenon in: Untying The Knot, by Caren Chesler, published in FA Magazine.

NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements.

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Where one of the parties has a good reason not to do so, a court may not require the parties to file a joint income tax return.

But see: MIRIAM R. BURSZTYN v. ENRIQUE M. BURSZTYN, 379 N.J. Super. 385 (App. Div. 2005) (trial courts in New Jersey have discretionary authority to compel parties in divorce proceedings to file joint tax returns).

See related Blog Post, published in the NJ Family Legal Blog.

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ.

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Financial budgets — who needs them?!

So, you decided (or need) to set up a budget … check-out the Expense Calculator on HelpSaveMyDollars.com.

If you are divorcing, sooner or later (probably sooner) you will need to file with the court a FAMILY PART CASE INFORMATION STATEMENT (“CIS”).

Pages 5 & 6 of the CIS deal with your budgets — the one you had when you were a family unit; and your new budget, which involves your anticipated financial needs post-divorce.

This may be the MOST IMPORTANT document in your divorce; so, take the time to fill it out completely and accurately. Make sure that your cash outlfows do not exceed your cash inflows — if you are living off your credit cards or you are supported by your family, make sure that your Case Information Statement accurately reflects your financial situation.

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku

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In “Poor economy drives down New Jersey divorce rate,” by Joseph R. Perone/The Star-Ledger, it is reported that Amy Shimalla, Esq., a divorce mediator for Copeland, Shimalla, Wechsler & Lepp, warned that “a divorce can cost from $10,000 to well over $100,000 depending on the complexity of dividing a couple’s assets.”

That is a lot of money — when staying married in no longer an option, Mediation should be seriously considered. However, Mediation requires both parties to be willing to negotiate in good faith; absent that, they can either stay in what some may describe as “living hell,” or pay a lot. Seriously, Mediation is usually the far better alternative.

Even if money is no object to you, your PRIVACY may be — see my prior Blog Post: If YOUR privacy is your concern, you should seriously consider MEDIATION and ARBITRATION.

See related Blog Post, published in the New Jersey Family Law blog.

See related Press Release from the New Jersey Judiciary: Modest Increase in Backlogged Court Cases Reflects Difficult Economy

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

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With regard to jurisdiction over the divorce action, N.J.S.A. 2A:34-8 states:

The Superior Court shall have jurisdiction of all causes of divorce . . . when either party is a bona fide resident of this State. The Superior Court shall have jurisdiction of an action for alimony and maintenance when the defendant is subject to the personal jurisdiction of the court, is a resident of this State, or has tangible or intangible real or personal property within the jurisdiction of the court . . .

N.J.S.A. 2A:34-10 similarly holds that jurisdiction over divorce matters is acquired when a defendant is served under the court rules and:

1. When, at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action . . .; or
2. When, since the cause of the action arose, either party has become and for at least [one] year next preceding the commencement of the action has continued to be, a bona fide resident of this State.

“[T]he words ‘bona fide resident’ are synonymous with ‘domiciliary’ and mean that plaintiff or defendant must be actually domiciled within New Jersey.” Gosschalk v. Gosschalk, 48 N.J. Super. 566, 572 (App. Div.), aff’d, 28 N.J. 73 (1958).

NOTE: My legal services include child custody and visitation, alimony, equitable distribution, and separation agreements.

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NOTE: My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, Union County, NJ. Telephone: 908-486-2200

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