Grounds for Divorce
No-fault based grounds
No-fault divorce means that the court will end the marriage based on separation or irreconcilable differences. Under each of these grounds, you or your spouse must have lived in New Jersey for the preceding 12 consecutive months before filing.
1. Separation: If you and your spouse agree that there is no possibility for a reconciliation, and if you have lived in separate homes for at least 18 months or longer, you may file for divorce on grounds of separation. Living in separate bedrooms of the same house does not qualify. You will need to prove that you have had separate residences for 18 months or longer. That time apart will serve as your waiting period for this no fault ground for divorce.
2. Irreconcilable Differences: To file a divorce based on irreconcilable differences, the following requirements must be met:
• You or your spouse must have lived in New Jersey for 12 consecutive months before the filing of the divorce complaint.
• You and your spouse must have experienced irreconcilable differences for six months.
• The irreconcilable differences make it appear that the marriage should be dissolved.
• There is no reasonable prospect of reconciliation. The irreconcilable differences basis for divorce does not require that one spouse make allegations or accusations against the other.
Fault-based grounds
The other type of divorce action is a divorce based on a specific reason. In order to file for divorce on fault-based grounds, you or your spouse must have lived in New Jersey for the 12 consecutive months preceding the filing of the complaint for divorce. Fault-based grounds include:
1. Desertion/Abandonment: This occurs when one spouse leaves the other spouse for 12 months or more against the wishes of the other spouse. A party must wait until he or she has been deserted for at least 12 months before he or she may file a complaint for divorce based on desertion.
2. Extreme Cruelty: Extreme cruelty includes physical and emotional abuse. All acts of cruelty from the beginning of the marriage must be included in the divorce complaint. The most recent acts of cruelty a party claims in a complaint must have happened at least three months before filing a complaint for divorce. This is true even if the cruelty is still happening when a party files a complaint.
3. Adultery: You may file for divorce on grounds of adultery if you know your spouse has cheated on you. If you do not have incontrovertible proof, you must at least be able to show that s/he had both the inclination and opportunity to cheat.
4. Addiction to drugs or habitual drunkenness for a period of 12 or more consecutive months after marriage and prior to filing for divorce.
5. Institutionalization for mental illness for a period of 24 or more consecutive months after marriage and prior to filing for divorce.
6. Imprisonment: You must show that your spouse was sentenced to a jail sentence of 18 months or more after the beginning of your marriage in order to file for divorce based on grounds of imprisonment. If your spouse’s sentence was less than 18 months, you must be able to prove that you did not live together after his or her release from jail so that the time in jail and the time after release equals a combined total of 18 consecutive months apart.
7. If your spouse commits "deviant sexual conduct" on you without your consent. (Note: This term is not well-defined in New Jersey law - if you are unsure if you meet this ground, please talk to an attorney for advice.)
Uncontested Divorce vs. Contested Divorce
An uncontested divorce simply means that both spouses agree on all the key terms of the divorce, including but not limited to child custody and parenting time child support spousal support division of the marital assets and debts and any other dispute involving your marriage.
If you or your spouse disagree about any of these items, your divorce will be considered “contested” and it will have to go to trial. Nevertheless, you can still reach an agreement at any time before the judge issues a final order.
If you have questions about divorce, you may need the guidance of an experienced family law attorney. Contact The Law Office of Joseph A. DiPiazza, LLC at 201-494-2800 to schedule a legal consultation with our New Jersey Divorce Attorney.
