New Jersey has a law on its books from 1907 that allow a divorce from bed and board, also called a limited divorce.  The law was intended to allow couples to legally divorce without also receiving a religious divorce if their religion prohibits divorce (such as Catholicism).  In essence, the law allows a couple to break their economic bonds and go their separate ways while at the same time they remain married and they are not allowed to re-marry.  Since NJ does not recognize legal separation, this is the closest the state comes.  This also could potentially be used by couples who want to divorce, have no plans to remarry and want to remain on their spouse’s medical insurance (note: some insurance companies may look at limited divorces as a perpetuation of a fraud — consult an attorney before attempting this).

There is a downside: either spouse can have the limited divorce decree converted to a standard divorce decree without notice to the other party.  Also, both parties must agree to the divorce from bed and board.

A limited divorce gives people more options, but it is important to understand all the nuances.  If you are interested in pursuing a mediated divorce, please contact me.