NJSBA Family Law Section

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  • 1.  Divorce from bed and board

    Posted 07-12-2012 05:15 PM
    Client has a limited divorce from bed and board.  He has since taken in his son, who previously lived with the wife, and under PSA, he pays child support for the son.  Also has fallen on hard times financially, and wants to apply for a modification of the alimony as well as reduction in child support based on the PPR change.  Question is, since I have never handled this type of matter as related to limited divorce, should he/can he apply for conversion of the limited divorce into a full divorce at the same time?  Pros, cons, thoughts?  Thanks in advance.

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    [Marleen Horlacher, Esq.
    [[email protected]
    Lafayette, NJ

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  • 2.  RE:Divorce from bed and board

    Posted 07-12-2012 05:44 PM
    If he wants to... no reason to otherwise, except remarriage.

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    Curtis Romanowski Esq.
    Metuchen NJ
    (732)603-8585

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  • 3.  RE:Divorce from bed and board

    Posted 07-13-2012 11:41 AM
    Absolutely. Usually, when there is a divorce from bed and board, you can obtain an absolute divorce by consent bc all issues should be resolved and contained in the PSA. Child support/alimony can always be modified based upon a significant change in circumstances.

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    Melissa Cipriano
    West Caldwell NJ
    (973)403-8600

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    Original Message


  • 4.  RE:Divorce from bed and board

    Posted 11-20-2013 10:07 AM
    When converting to absolute divorce, can you set a date that the conversion is effective in the Judgment or is it simply effective the date the court enters the order?  My client and her ex have agreed to make the conversion effective 12-31-13.

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    Kelly Mattheiss Esq
    South Orange NJ
    (973) 275-1800

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    Original Message


  • 5.  RE:Divorce from bed and board

    Posted 11-20-2013 01:26 PM
    Sure - they should be able to say "effective 12-31-2013" in the judgment.  I hope that this isn't for tax purposes... with a Limited Divorce, they are already divorced for tax purposes.  If they were filing jointly, they'd have a problem if audited. Unlike a judgment for separate maintained - where the parties are still "married" for tax purposes, but can always continue to share insurance coverage (to the extent that'll even be relevant soon with ObamaCare).

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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    Original Message