To dissolve your marriage in New Jersey, you must have a legally accepted reason or “ground.” Before filing for divorce, it’s important to understand your options and the consequences of your decision. Please continue reading to learn what New Jersey’s grounds for divorce are, how your choice will affect the divorce process, and why connecting with our skilled Middlesex County Divorce Lawyers is in your best interest when faced with this difficult situation.
Is New Jersey a No-Fault Divorce State?
If you are considering a divorce, it’s important to understand that New Jersey allows you to choose either a no-fault or fault-based divorce. Whether you choose to pursue a fault-based or no-fault divorce, you must have a viable reason to dissolve your marriage. The grounds for each type of divorce vary greatly, and a knowledgeable lawyer can explain the nuances involved. Recognizing the difference between these two can significantly influence the approach and outcome of your case. No-fault divorce is often preferred because it is usually less contentious, takes less time, and is cheaper than a fault divorce. New Jersey allows couples to file for divorce based on one of two no-fault divorce grounds:
- Irreconcilable differences: You and your spouse can no longer get along and your differences have caused the irretrievable breakdown of your marriage for at least six months, and there is no reasonable prospect of reconciliation.
- Separation: You and your spouse have lived apart for at least 18 consecutive months with no reasonable prospect of reconciliation.
Many couples choose to undergo a no-fault divorce because it can simplify the legal process and reduce conflict. With a no-fault divorce, New Jersey doesn’t require either spouse to prove any wrongdoing. In other words, they simply have to prove that the marriage has broken down to the point where it cannot be repaired.
What Are the Grounds for a Fault-Based Divorce?
Fault grounds, on the other hand, are reasons attributed to one spouse’s misconduct resulting in the dissolution of the marriage. Unlike in a no-fault divorce, one spouse claims the other is responsible for the marriage’s failure. New Jersey requires one spouse to prove that their partner’s specific actions or behavior were the primary reasons for the breakdown of the marriage, which usually requires concrete evidence to support the claims. There are multiple grounds upon which a court can grant a fault-based divorce, including the following:
- Adultery: One spouse engages in an extramarital affair.
- Addiction: Substance abuse of drugs or alcohol for at least 12 months.
- Desertion: Willful abandonment or at least 12 months.
- Deviant sexual behavior: Conduct that is deemed deviant by the court.
- Extreme cruelty: Acts of physical or mental abuse that happened at least three months before the divorce and that endangered your health or safety, making it unreasonable to continue cohabitation.
- Imprisonment: One spouse has been incarcerated for at least 18 months.
- Institutionalization: One spouse has been institutionalized for mental illness for at least two consecutive years.
While the above-mentioned fault grounds may initially appeal to you as you feel betrayed or abandoned by your spouse, it’s important to understand that they can complicate and prolong the divorce process. As such, it’s in your best interest to consult an experienced divorce lawyer who can help you work toward a favorable outcome. At Arndt, Sutak & Miceli, LLC, we are prepared to help you weigh your options and determine the best course of action given the unique circumstances of your case. Connect with our firm today to learn how we can help guide you through your divorce.
