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  • 1.  Converting Divorce from Bed and Board to Absolute

    Posted 05-18-2019 07:33 AM
    When I did this back in 2013 in Union County they made the plaintiff file a complaint to convert the Bed and Board to Absolute, with a new docket number. The defendant defaulted and the application was granted on default.  I tried to file a motion first, they would not accept. That was the last time I did this, was wondering if anyone did this recently.   My  current case, the parties had reconciled for awhile and now its very adversarial (and circumstances have changed to a large degree with kids and other issues, so there is no chance of a consent order or other agreement.  I was going to file a Complaint to Convert in this one as well as opposed to a motion, I think each county seems to handle them differently, wanted to see if anyone has had this issue recently.

    Thank you in advance ,
    Gerri

    GERALDENE SHERR DUSWALT, ESQ.
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  • 2.  RE: Converting Divorce from Bed and Board to Absolute

    Posted 05-18-2019 08:32 AM

    Gerri,

      I did this by motion last year in Bergen County.

     Just granted the motion on the papers.

      Call if you need more information.

    Regards,

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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  • 3.  RE: Converting Divorce from Bed and Board to Absolute

    Posted 05-18-2019 08:33 AM

    I meant "Judge" granted the motion...

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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  • 4.  RE: Converting Divorce from Bed and Board to Absolute

    Posted 05-18-2019 03:44 PM

    Geraldine,
    I did one in mercer but was consensual so able to do consent order. However, each county us different so I found it helpful to call the judges clerk.
    Marcia




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  • 5.  RE: Converting Divorce from Bed and Board to Absolute

    Posted 05-18-2019 06:04 PM
    I've done many of these, a couple (2-3?) in the last year.

    Many years ago, when the Divorce from Bed & Board / Limited Divorce was more popular because more health insurance policies would permit coverage to be maintained, Judge Grall (when she was in the Family Part...that's how many years ago) explained the conversion issue and legal theory behind it. Since the same grounds need to be shown for either an absolute or B&B Divorce, no additional proofs are needed / no additional grounds for divorce need be established. So, converting a judgment from a B&B to an absolute is a matter of what was sought in the initial complaint. If the complaint didn't seek an absolute divorce, then the complaint needs to be amended when conversion is sought, or a new complaint needs to be filed.

    She also stated that if the initial complaint sought "either / or" relief, then a consent order converting the judgment along with submitting an amended judgment would suffice. Complaints for a B&B divorce that I've filed since then are captioned "COMPLAINT FOR LIMITED DIVORCE, or, in the alternative, FOR ABSOLUTE DIVORCE" and the WHEREFORE clause says "1. Granting the parties a Limited Divorce or, in the alternative, dissolving the bonds of matrimony."

    I don't know how many judges follow the nuances, especially since B&B Divorces are less common than they were, but the above is "correct" legally (at least as far as I know).

    A cover letter with a consent order explaining the above -- and maybe citing Horesta v. Horesta, 118 N.J. Super. 71 (Ch.Div. 1971) on converting a judgment should handle it.  But these days, with the filing fee craze, if the initial complaint didn't seek "either / or" relief, I'd wager they'll tell you a new complaint (and filing fee) is required.

    Hope this helps.


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