When you file for divorce in New Jersey, you must list one or more reasons (called grounds) in your complaint. This gives the court a legal basis to dissolve your marriage. New Jersey recognizes both no-fault and fault-based grounds for divorce.
Here is what to know:
No-fault divorce
Filing for a no-fault divorce is very common in the state. A significant percentage of filers list irreconcilable differences. This means a marriage has had irreconcilable differences for at least 6 months, and the spouses are certain they will not reconcile.
Separation
Separation is another no-fault-based reason for divorce in the state. You can list it if you and your spouse have lived apart for at least 18 months with no hope of reconciliation.
Fault-based grounds
Several reasons fall under fault-based grounds for divorce in New Jersey. These include:
- Extreme cruelty: This is any mental, physical or financial abuse that endangers your safety or health. You must provide proof of the behavior in question.
- Adultery: If your spouse had voluntary sexual relations with another person without your consent or acceptance, this can be your grounds.
- Institutionalization: This is applicable if your spouse is confined to a mental institution for 24 or more consecutive months after the marriage and immediately before you file the divorce complaint.
- Long-term incarceration: If your spouse is imprisoned for 18 or more consecutive months after the marriage, you can file for a divorce on this basis.
You may also use the grounds of addiction or habitual drunkenness and deviant sexual conduct. Also, you or your spouse must have lived in New Jersey for 12 consecutive months before filing to dissolve a marriage, except when filing on the grounds of adultery.
Following the right procedures when filing for divorce establishes jurisdiction, sets legal grounds and prevents delays. Learn more to make informed decisions.