When a New Jersey couple decides to go their separate ways, one of the first things they need to figure out is the legal reason for filing for divorce. In New Jersey, you have to cite specific “grounds for divorce” when you file with the court. These grounds essentially explain why the marriage is over and provide the court with the legal justification to dissolve it. Understanding the grounds availablein New Jersey is key to determining which one best suits your unique circumstances. Please continue reading and contact a determined Somerset County Divorce Attorney to successfully navigate this complex process.
What Does “Grounds for Divorce” Really Mean?
First and foremost, it is crucial to understand that “grounds for divorce” refers to the legally recognized reasons a court can use to grant the dissolution of a marriage. Under New Jersey law, the individual who files for divorce is required to state the specific legal grounds upon which they are seeking the divorce.
Do You Meet the Requirements for No-fault Divorce?
New Jersey courts allow individuals to seek both no-fault and fault-based divorces. The most common ground cited is “irreconcilable differences,” which occurs when the couple experiences conflicts for six months, causing the irretrievable breakdown of the marriage. This is a common ground as it doesn’t require proving the other party’s wrongdoing.
In addition, you can seek a no-fault divorce if you have lived separately for at least 18 consecutive months. Separation suggests that reconciliation is unlikely.
Do You Meet the Requirements for a Fault-Based Divorce?
When it comes to fault-based divorces in New Jersey, spouses must cite specific marital misconduct as the cause for the irretrievable breakdown of the marriage. Unlike no-fault divorces, fault-based divorces require concrete evidence to substantiate allegations. Fault-based grounds for divorce include:
- Addiction: Voluntary, habitual addiction to drugs or alcohol for 12 or more consecutive months, significantly affecting the marital relationship.
- Adultery: Extramarital relationships don’t require a waiting period to file.
- Desertion: When one party intentionally leaves the marital relationship, you must wait at least 12 months to file.
- Deviant Sexual Conduct: One party engages in sexual acts without consent.
- Extreme Cruelty: One party engages in behavior that endangers the health, safety, or well-being of the other spouse, making it inappropriate to continue living together.
- Imprisonment: One party has been incarcerated for 18 or more consecutive months after the union.
- Institutionalization: If one party has been committed to a mental institution for 24 or more consecutive months.
At Siragusa Law Firm, our legal team is prepared to assist you in determining the most appropriate grounds for your divorce case. Connect with our firm today to schedule a confidential consultation.