When thinking about divorce, you may wonder what the grounds are for divorce. New Jersey law allows both fault and no-fault divorces. Understanding these legal reasons can help you decide the best approach for your situation.
No-fault divorce in New Jersey
You can file for divorce in New Jersey without placing blame on your spouse. A no-fault divorce can be based on irreconcilable differences, meaning the marriage has broken down for at least six months with no chance of reconciliation.
Another option is separation, which requires you and your spouse to have lived apart for at least 18 consecutive months with no possibility of reconciling. Many people choose no-fault divorce because it avoids the need to prove misconduct in court.
Fault-based divorce grounds
New Jersey also allows fault-based divorces. These require proof of wrongdoing, such as:
- Adultery – You must provide evidence of your spouse’s affair, such as witness testimony or documented proof.
- Desertion – Your spouse must have left you for at least 12 months without justification.
- Extreme cruelty – This includes physical or mental abuse that makes continuing the marriage unreasonable.
- Addiction – Your spouse must have had a substance abuse problem for at least 12 months.
- Imprisonment – If your spouse receives a prison sentence of at least 18 months, you can file for divorce.
- Institutionalization – If your spouse has been in a mental institution for at least 24 months, you can seek divorce.
Deciding between a no-fault or fault-based divorce depends on your situation. No-fault divorce usually takes less time and involves fewer disputes. However, fault-based divorce can impact alimony and child custody decisions.
