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What are the grounds for divorce in New Jersey?

On Behalf of | Apr 15, 2024 | Divorce |

Spouses who want to end their marriage may opt for a no-fault or fault divorce in New Jersey. No matter the reason, they can only file for divorce if at least one spouse resides in the state. They must be aged 18 to file the case, or else a guardian or parent needs to file for them.

Irreconcilable differences

New Jersey is a no-fault state, which means that it accepts divorce filings due to irreconcilable differences. The state considers it among the valid reasons for divorce for as long as it led to the breakdown of the marriage. Irreconcilable differences should also make it appear that the court must dissolve the marriage.

Moreover, at least one spouse should have dealt with irreconcilable differences for at least six months. Finally, there should be no chance for the couple to reconcile.

Adultery, desertion or separation

Other grounds include adultery and willful desertion for at least 12 months. Separation is another reason if the couple lived apart for a minimum of 18 months and there is no possibility of a reconciliation.

Extreme cruelty

Spouses who experience mental or physical cruelty from their other half may file for divorce within three months since the last cruel act took place. The act of cruelty should be so grave that it endangers their health or safety and makes it unreasonable for them to live with their abusive spouse.

Other grounds

Meanwhile, a divorce can be due to a spouse’s voluntary deviant sexual conduct without the consent of their other half. It can also be due to habituation or addiction to a narcotic drug or habitual drunkenness for at least 12 months.

Another reason is a spouse’s imprisonment for a minimum of 18 months after the marriage. Additionally, a spouse may file for divorce due to the institutionalization for mental illness of their other half for a minimum of 24 months post-marriage.

Calling it quits

Ending a marriage could take a lot of time, effort and resilience. If you wish to file for divorce, seeking legal counsel may help you navigate the process by substantiating your reason and assisting you in gaining a marital settlement agreement.

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