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3 grounds for divorce accepted by New Jersey courts

On Behalf of | May 23, 2023 | Divorce

When New Jersey couples decide to end their marriages, they may not fully understand or have an awareness of the state’s laws regarding grounds for divorce.

New Jersey courts note that any grounds for divorce stated by one partner are not valid unless recognized by state law, and those filing for divorce may want to review acceptable grounds to prevent filing errors and a delay in the divorce proceedings.

1. Irreconcilable differences

Divorcing couples often choose this ground for divorce when they simply cannot agree on many major factors within the marriage and therapy or counseling failed to help. Couples must experience six consecutive months of these conditions before citing irreconcilable differences as the grounds for divorce.

2. Separation or abandonment

Some couples break apart long before a divorce occurs, and in some cases, one partner moves out of the state for an extended period of time. Either partner may claim separation or abandonment as grounds for divorce after 18 months of separation. Residency spans may affect how the courts accept these grounds.

3. Adultery

Adultery occurs when one married person has intercourse with someone outside the marriage without their partner’s knowledge or consent. New Jersey accepts these grounds whether the offending individual committed the act once or carried on sexual relationships with other people.

New Jersey courts may request proof for any grounds for divorce statements or complaints. This usually applies to at-fault cases, where the offended party seeks compensation such as alimony or child support. Establishing the grounds for the decision to divorce may help cases to move through the courts more smoothly.


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