WHat is the difference between Absolute Divorce and Divorce from Bed and Board?
What is Subject Matter Jurisdiction? Does this mean that custody and child support can or cannot be heard together? How does this effect a Motion for Temporary Child Support with Permanent Child Support due to be heard at a later time?
Thanks
An absolute divorce dissolves the bonds of matrimony and renders the parties single.
A divorce from bed an board is a legal separation, and cuts off certain martial estate rights, but does not dissolve the bonds of matrimony.
Subject matter jurisdiction is a term that describes what actions can be heard by a particular court.
Child support and child custody can, and often are are heard together.
Does Absolute divorce interfere with equitable distribution? Does a party have to go through Divorce from Board and Bed prior to absolute divorce? And if you have been separated for more than a year with no interaction between the couple but for child support, would you still have to separate for a year to be eligible for divorce? Thanks.
Yes, if an absolute divorce is granted and equitable distribution has not been resolved via separation agreement, or if a claim for the same is not pending at the time of divorce, the claim is forever lost. A divorce from bed and board is not necessary in order for parties to later obtain an absolute divorce. You must live separate and apart for one year before you can file for divorce.