For many, deciding to file for divorce is not a decision made lightly. As such, it’s imperative to understand what requirements you must meet to pursue this. Though marriage is about love and emotion, divorce is a complex legal matter, making it even more difficult for those looking to end their marriage. As such, it’s important to work with a Somerset County divorce attorney who can help you explore your legal options during these difficult times. The following blog explores whether or not you and your spouse must be separated in order to be eligible for this process and the grounds on which you can file for a divorce in New Jersey.
What Reason Do I Need to Put When Filing for Divorce?
When you file the divorce complaint, which essentially informs the courts why you are filing and what you are requesting in terms of alimony or child custody, you must put a reason for filing. These are the grounds for divorce. New Jersey still accepts grounds for fault in divorce, which differs from many states that have switched to an automatic “no-fault divorce.”
There are several grounds for which someone may file for divorce, but the most common is irreconcilable differences. This simply means that you and your spouse are experiencing issues that you cannot agree on, which is causing a severe strain on your marriage. This is a no-fault option, as neither party has to prove wrongdoing by the other spouse.
However, you may also choose to file based on fault. This includes adultery, deviant sexual conduct, extreme cruelty, or incarceration. Additionally, you may file on the grounds of separation.
How Long Must a Couple Be Separated to File for Divorce in NJ?
Many states have a requirement that a couple must be separated for a period of time before they are eligible to file for divorce, even if pursuing a no-fault divorce. Understanding the law in New Jersey is critical to ensuring you do not waste time or resources in this process. Generally, you and your spouse do not need to be living separately in order to get a divorce.
Despite the fact that New Jersey accepts fault grounds, many couples in the state still choose to file on the grounds of irreconcilable differences. In order to do so, you must show that these differences have lasted at least six months before you are able to pursue a divorce.
However, if you are filing on the grounds of separation, then it is required for you and your spouse to be living separately for at least 18 months in order to get a divorce based on these circumstances.
As you can see, there are many considerations you must make if you wish to file for divorce in New Jersey, which is why it is in your best interest to connect with an experienced attorney who can assist you through these complex matters. At the Siragusa Law Firm, we understand how complicated going through this emotional time can be, which is why we are dedicated to fighting for you. Connect with us today to learn more about how we can assist you through these matters.
