What Are the Grounds for Divorce in New Jersey?

If you are contemplating dissolving your marriage, it’s crucial to understand the legal grounds for divorce in the Garden State. The reason you cite for ending your marriage can significantly impact how your case proceeds. Regardless of whether you are pursuing a no-fault or fault-based divorce, it’s in your best interest to connect with an experienced Mercer County Divorce Attorney to understand your rights. Please continue reading to learn the available grounds in New Jersey. 

What Are Divorce Grounds? 

In New Jersey, “grounds” for divorce refers to the legally recognized reasons you have to provide the court to officially dissolve your marriage. When you file for divorce, you are required to choose a specific reason recognized by the state. 

It should be noted that New Jersey operates as a “hybrid” state, which means you have the flexibility to choose between no-fault and a fault-based divorce depending on the unique circumstances of your situation. 

What is a No-Fault Divorce?  

A no-fault divorce is a marriage dissolution in which neither party is required to prove wrongdoing. Instead of blaming the other party for the divorce, the filing spouse can simply cite irreconcilable differences. This essentially means the relationship has broken down irretrievably. 

The irreconcilable differences must have caused the marriage to break down for at least 6 months, with no hope of reconciliation. Additionally, you must have lived in the state for at least 12 consecutive months before filing for divorce. Keep in mind that you can also file a no-fault divorce on the grounds of separation if you have lived separately for at least 18 consecutive months. 

What Are the Fault-Based Grounds for Divorce in New Jersey?

A fault-based divorce, on the other hand, is a marriage dissolution where one party accuses the other of specific marital misconduct that caused the breakdown of the relationship. Unlike in a no-fault divorce, the filing spouse must prove the marital misconduct with supporting evidence. New Jersey allows spouses to cite the following fault-based grounds: 

• Adultery 
• Extreme cruelty 
• Desertion or abandonment (12 or more months)
• Imprisonment (for 18 months or longer) 
• Addiction or habitual drunkenness
• Institutionalization 
• Deviant sexual conduct 

Every fault-based ground has different requirements that must be satisfied before the court will grant a divorce. While issues like property division and child custody are decided separately from the legal reason for your divorce, serious misconduct like domestic abuse or hiding money can directly impact the outcome. At The Law Office of Rachel S. Cotrino, LLC, we are prepared to help you determine the best course of action given the unique circumstances of your case. Connect with us today to schedule a consultation.