Divorce From Bed and Board
- N.J.S.A.
2A:34-3: Causes for divorce from bed and board
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.
- N.J.S.A.
2A:34-6: Divorce from bed and board; property rights
For and during the time that any judgment for divorce from bed and board shall
remain in force and effect all property rights of the parties shall be as
though a judgment of absolute divorce had been entered.
In any property transaction had by either of the parties in such status the
fact of the existence of such judgment shall be distinctly recited and
reference to the public record thereof shall be clearly set forth.
- N.J.S.A.
2A:34-8. Jurisdiction stated
The Superior Court shall have jurisdiction of all causes of ... bed and
board 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. The Superior Court may
afford incidental relief as in other cases of an equitable nature and by rule
of court may determine the venue of matrimonial actions.
- N.J.S.A.
2A:34-10. Jurisdiction in divorce proceedings; service of process;
residence requirements
Jurisdiction in actions for divorce, either absolute or from bed and board,
may be acquired when process is served upon the defendant as prescribed by the
rules of the Supreme Court, 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; except that no action for absolute divorce shall
be commenced for any cause other than adultery, unless one of the parties has
been for the 1 year next preceding the commencement of the action a bona fide
resident of this State; or
2. When, since the cause of action arose, either party has become, and for at
least 1 year next preceding the commencement of the action has continued to
be, a bona fide resident of this State.
- N.J.S.A.
2A:34-11. Jurisdiction by acknowledgment of service of process,
appearance, etc.
In divorce and nullity actions, the jurisdiction of the court over the
defendant's person for all purposes of the action shall be fully established
by the filing of an acknowledgment of service of process, or of an appearance,
or of an answer by the defendant pro se, or on his behalf by a duly authorized
attorney, in such manner as may be prescribed by rules of the supreme court.
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