Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In New Jersey, individuals contemplating divorce have several alternatives to consider. Marriage counseling is often sought as a means to potentially reconcile differences before proceeding with a divorce. Legal separation is another option; however, it's important to note that New Jersey does not formally recognize legal separation by statute. Instead, couples may enter into a 'Divorce from Bed and Board,' which is a form of limited divorce that allows them to live separately and settle issues such as alimony and property division without formally dissolving the marriage. Annulment is available under certain circumstances, such as fraud, bigamy, or impotence, and effectively voids the marriage as if it never occurred. Lastly, living apart without any formal court involvement is possible, but it may have implications for property rights and custody matters. Each of these alternatives can have significant financial and legal consequences, and consulting with an attorney to understand the implications is advisable.