What Are the Grounds For Divorce in New Jersey?

divorce papers closeup

If you decide to end your marriage in New Jersey, you must tell the court what your grounds for divorce are. What qualifies as a complaint about your marriage and what can actually be considered grounds for divorce can differ though, so if you are not sure what to say or what issue to focus on when you file for divorce, our fault divorce attorneys in Bergen County, NJ are ready to help you out.

What Are Some Fault-Based Grounds for Divorce in NJ?

When you decide to get divorced, you can choose a fault-based grounds for divorce. This essentially tells the court why your marriage is ending and often blames your soon-to-be former spouse for the end of the relationship. The reasons for getting divorced can vary, but some commonly used grounds for divorce include:

  • Extreme cruelty
  • Desertion
  • Adultery
  • Habitual drunkenness
  • Imprisonment or institutionalization
  • Deviant sexual behavior
  • Voluntary addiction to narcotics

You and your partner have tried to work through your issues, but things have yet to get better. You are ready to end the marriage and one or more of the above reasons is why.

Do I Actually Need to Have Grounds for Divorce in NJ?

You do need grounds for divorce in New Jersey. However, you do not have to have one of the issues we outlined above. Some marriages simply reach their conclusion without a big issue like abuse or addiction being at the center of it.

In cases like these, people can file for a no-fault divorce. You can say that your grounds for divorce are that you and your spouse have irreconcilable differences and that you just see no way of coming together to fix them.

What’s the Difference Between a Fault and No-Fault Divorce?

There are some key differences to keep in mind between fault and no-fault grounds for divorce. For fault-based divorces, you are going to have to show the court that the accusations you made have a basis in fact. If you say that adultery or drug use is a problem in your marriage, you must present evidence of that. Having an attorney who can help you build your case helps.

In a no-fault divorce, there are some specific requirements that you must meet before you can blame irreconcilable differences. First, you or your spouse have to have lived in New Jersey for at least 12 consecutive months. Second, your differences must have been a problem for at least six months. Finally, these differences are the reason your marriage is ending and there is nothing else that either of you can do.

Talk to Our Legal Team

When you are ready to move forward with a divorce and onto the next stage of your life, contact Townsend, Tomaio & Newmark. We can schedule a consultation and tell you more about what our team can do for you and your family in this stressful time.

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