What Legal Grounds Can You Use to File for Divorce in NJ?
New Jersey recognizes nine statutory grounds for divorce. These include irreconcilable differences, 18-month separation and fault-based grounds such as adultery, desertion, extreme cruelty, substance-related grounds, institutionalization for mental illness, imprisonment and deviant sexual conduct.
The commonly used no-fault ground for divorce in New Jersey is irreconcilable differences, which generally requires that the breakdown of the marriage has continued for at least six months with no reasonable prospect of reconciliation.
For people asking “what are the grounds for divorce in New Jersey”, proving that a spouse did something wrong is not always necessary. The ground used to file depends on the circumstances of the marriage and the requirements of New Jersey law.
What Does “Grounds for Divorce” Mean in New Jersey?
Grounds for divorce are the legally recognized reasons a person gives the court for requesting the dissolution of a marriage.
A divorce complaint filed in New Jersey must state the legal basis for seeking the divorce. The New Jersey Courts divorce resource explains the grounds for divorce in New Jersey and provides information about filing a divorce complaint, required documents and the divorce process.
What Are Irreconcilable Differences and Separation in a New Jersey Divorce?
New Jersey recognizes irreconcilable differences and 18-month separation as separate grounds for divorce in New Jersey. Irreconcilable differences provide a no-fault basis for divorce without requiring proof of specific marital misconduct.
Irreconcilable Differences
Irreconcilable differences in an NJ divorce generally means the marriage has experienced a breakdown for at least six months and there is no reasonable prospect of reconciliation.
According to the New Jersey Courts, either spouse must have lived in New Jersey for 12 consecutive months before filing; the irreconcilable differences must have existed for six months; those differences must be the reason for seeking the divorce; and there must be no reasonable prospect of reconciliation.
This ground does not require a spouse to establish adultery, cruelty or another specific act of marital misconduct.
18-Month Separation
Another of the New Jersey divorce grounds is separation. This ground applies when spouses have lived separate and apart for at least 18 consecutive months.
A couple does not generally have to wait 18 months to seek a divorce based on irreconcilable differences if the requirements for that ground have been satisfied.
What Is the Fault-Based Grounds for Divorce in NJ?
New Jersey law also provides several fault-based grounds for divorce. Depending on the circumstances, these can include:
- Adultery: Voluntary sexual relations by a married person with someone other than their spouse.
- Desertion: Willful and continued desertion for the period required under New Jersey law.
- Extreme cruelty: Physical or mental cruelty that meets the requirements established under New Jersey divorce law.
- Substance-related grounds: Voluntarily induced addiction or habituation involving certain narcotic drugs or habitual drunkenness for the statutory period.
- Institutionalization: Institutionalization for mental illness for the period and under the circumstances specified by New Jersey law.
- Imprisonment: Imprisonment of a spouse for the period specified under the statute.
- Deviant sexual conduct: Certain sexual conduct voluntarily performed without the consent of the other spouse.
Do You Have to Prove Fault to Get Divorced in New Jersey?
No. You do not have to prove adultery, cruelty, desertion or other marital misconduct to obtain a divorce based on irreconcilable differences in New Jersey.
You still need a legally recognized ground for divorce, but it does not have to establish that either spouse was responsible for the marriage ending.
Is Irreconcilable Differences the Same as a No-Fault Divorce in NJ?
Yes. Irreconcilable differences is a no-fault ground for divorce in New Jersey. It generally requires that the differences have caused the breakdown of the marriage for at least six months and that there is no reasonable prospect of reconciliation.
Does Adultery Affect a Divorce in New Jersey?
Adultery remains one of the fault-based grounds for divorce in NJ, but using adultery as the legal ground for divorce is a separate question from whether a spouse’s conduct may affect financial or other issues in a particular case.
Anyone considering filing based on adultery should discuss whether that ground is appropriate and whether the underlying conduct has legal significance beyond establishing grounds for divorce.
Does Extreme Cruelty Qualify as Grounds for Divorce in NJ?
Yes. Extreme cruelty is one of the recognized grounds for filing for divorce in NJ.
It can involve physical or mental cruelty that endangers the safety or health of the other spouse or makes it improper to expect the spouses to continue living together. Because specific legal requirements apply, allegations of extreme cruelty should be evaluated based on the individual facts involved.
Which Grounds for Divorce Should You Choose?
The appropriate grounds for divorce in New Jersey depend on the circumstances of the marriage and how the divorce will be approached.
Irreconcilable differences may provide a straightforward no-fault basis for divorce when its requirements are satisfied. In other situations, a person may have reasons for considering a fault-based ground.
Choosing a ground should not be based simply on which spouse believes the other caused the marriage to end. A New Jersey divorce attorney can evaluate the circumstances and explain whether the choice of grounds could have implications for the divorce proceeding.
Where Do You File for Divorce in New Jersey?
Divorce cases are handled through the Family Division of the New Jersey Superior Court.
Divorce complaints are generally filed in the appropriate New Jersey county based on where the parties lived when they separated and where they currently reside. Filing rules can differ when one party no longer lives in New Jersey.
For people seeking a divorce lawyer in Morris County, NJ, Dalena & Bosch is located in Cedar Knolls and represents clients in Morristown, Parsippany, Madison, Randolph, Denville and communities throughout Morris County and New Jersey.
Frequently Asked Questions About Grounds for Divorce in New Jersey
What is the most common ground for divorce in New Jersey?
Irreconcilable differences is a commonly used no-fault ground for divorce in New Jersey. It allows a divorce to proceed without requiring one spouse to prove marital misconduct by the other.
How long do irreconcilable differences have to exist in NJ?
Irreconcilable differences must have caused the breakdown of the marriage for at least six months, with no reasonable prospect of reconciliation.
Can you get divorced in NJ without being separated for 18 months?
Yes. You do not have to be separated for 18 months if you qualify to file under another New Jersey divorce ground, such as irreconcilable differences.
Is adultery still grounds for divorce in New Jersey?
Yes. Adultery remains a statutory fault-based ground for divorce in New Jersey.
Can one spouse get a divorce if the other spouse does not want one?
A spouse does not necessarily have to agree to the divorce for the other spouse to pursue a divorce in New Jersey. The person filing must establish a legally recognized basis for dissolution and satisfy the applicable legal requirements.
Do I need a divorce lawyer to file in New Jersey?
New Jersey permits individuals to represent themselves, but the New Jersey Courts recommend that people filing for or responding to a divorce speak with an attorney because of the legal issues involved.
Speak With a New Jersey Divorce Attorney
Understanding the grounds for divorce in New Jersey is only one part of determining how to proceed with a divorce. Issues involving child custody, parenting time, alimony, child support, property division and other financial matters may also need to be addressed.
Dalena & Bosch is a family law firm in Cedar Knolls, New Jersey, serving clients in Morris County and throughout New Jersey. If you are considering divorce and want to understand which grounds may apply to your situation, contact Dalena & Bosch to discuss your circumstances and next steps.