Divorce Law: Grounds for Divorce in New Jersey

May 5, 2023 Amanda

Divorce Law: Grounds for Divorce in New Jersey

Grounds for Divorce in New Jersey	Description
Irreconcilable differences	A breakdown of the marriage for at least six months where no reasonable prospect of reconciliation exists.
Adultery	Voluntary sexual intercourse with someone other than your spouse.
Desertion	Your spouse has willfully deserted you for at least 12 consecutive months and refuses to return.
Extreme cruelty	Physical or mental cruelty that endangers your safety or health or makes it unreasonable to continue living together.
Separation	You have lived apart from your spouse for at least 18 consecutive months and there is no reasonable prospect of reconciliation.
Imprisonment	Your spouse has been imprisoned for 18 or more consecutive months after your marriage and you did not cohabit with them after learning of the imprisonment.
Deviant sexual conduct	Your spouse has committed adultery or deviant sexual conduct without your consent.

Overview of Divorce Law in New Jersey

Here are some key points about divorce law in New Jersey:

New Jersey allows for both fault-based and no-fault divorces
The most common grounds for a fault-based divorce include adultery, abandonment, extreme cruelty, and addiction
A no-fault divorce can be granted if there are irreconcilable differences between spouses or if they have been living apart for at least 18 months
In order to file for divorce in New Jersey, one spouse must have been living in the state for at least one year prior to filing
New Jersey is an equitable distribution state when it comes to dividing marital property during a divorce. This means that assets will be divided fairly but not necessarily equally between spouses.

Introduction to Divorce Law

Divorce law is a complex area of legal practice that deals with the process by which married couples can legally end their marriage. Divorces can be emotionally challenging and financially draining, so it’s important to understand the laws governing this process in your state.

In New Jersey, divorce law covers a wide range of issues related to marital dissolution, including property division, alimony, child custody and support. These matters are often hotly contested between spouses who are seeking to protect their interests and achieve the best possible outcome for themselves and any children involved.

One key aspect of divorce law is determining grounds for divorce
New Jersey allows both fault-based and no-fault divorces
Fault-based divorces require one spouse to prove that the other was at fault for causing the breakdown of the marriage
No-fault divorces do not require proof of wrongdoing on either side – they simply acknowledge that irreconcilable differences exist between spouses or they have been living apart for 18 months or more

Divorce Process in New Jersey

Filing for Divorce: One spouse must file a Complaint for Divorce with the court to begin the process.
Serving Papers: The other spouse must be served with a copy of the Complaint for Divorce by a professional process server or another authorized individual.
Response: The other spouse has 35 days to respond to the Complaint by filing an Answer and Counterclaim if they wish.

If both spouses are able to reach an agreement on all matters related to their divorce, such as property division and child custody, then they may proceed with an uncontested divorce. This typically involves submitting a written settlement agreement that outlines all terms of their separation. If there are unresolved issues between spouses, however, then it may be necessary to proceed with contested litigation before a judge will make decisions about these matters. In either case, it’s important to work closely with experienced legal counsel who can guide you through this difficult time while protecting your interests at every step.

Grounds for Divorce

Grounds for divorce refer to the legal reasons that a married couple can cite when seeking to end their marriage. In New Jersey, couples have two options: fault-based or no-fault grounds.

Fault-Based Divorce: This type of divorce requires one spouse to prove that the other was at fault for causing the breakdown of the marriage. Some common grounds for a fault-based divorce in New Jersey include adultery, abandonment, extreme cruelty, and addiction.
No-Fault Divorce: A no-fault divorce can be granted if there are irreconcilable differences between spouses or if they have been living apart for at least 18 months. This type of divorce does not require either spouse to prove wrongdoing on behalf of the other party.

If you’re considering filing for divorce in New Jersey, it’s important to understand which grounds may apply in your situation and how they could impact your case. An experienced family law attorney can help you evaluate your options and guide you through every step of this challenging process.

No-Fault Grounds for Divorce

Here are some key things you should know about no-fault grounds for divorce in New Jersey:

Irreconcilable Differences: This is by far the most common ground cited in no-fault divorces. It means that there has been a breakdown of the marital relationship such that it cannot be repaired.
Lived Apart: If spouses have lived apart continuously and without interruption for 18 months or more, then they can also file on this basis. This does not require proof of any specific misconduct by either spouse.

If you’re considering filing for divorce on a no-fault basis, it’s important to understand how these laws work and what steps will be required throughout the process. An experienced family law attorney can help guide you through every aspect of your case while protecting your rights and interests along the way.

Irreconcilable Differences

Irreconcilable differences is a common reason cited for no-fault divorces in New Jersey. This term refers to situations where there are fundamental disagreements or conflicts between spouses that cannot be resolved, making it impossible for them to remain together as a married couple.

Here are some key points to know about irreconcilable differences:

It does not require proof of wrongdoing on either spouse’s part
The court will consider evidence such as communication breakdowns and lifestyle changes when determining whether irreconcilable differences exist
If the court finds that irreconcilable differences do exist, then it may grant a divorce based on this ground without requiring further proof or testimony from either party

If you believe that your marriage has broken down irretrievably due to fundamental disagreements with your spouse, then it may be worth exploring the possibility of filing for divorce based on irreconcilable differences. An experienced family law attorney can help you understand how this process works and what steps you need to take in order to pursue this option effectively.

Separation

If you are considering separating from your spouse in New Jersey, it’s important to understand your legal rights and obligations during this process. An experienced family law attorney can help guide you through this difficult time while working toward achieving your desired outcome.

Mutual Consent

If you meet these criteria and wish to proceed with a mutual consent divorce in New Jersey, you’ll need to file a joint petition with the court. Both parties will be required to attend an uncontested hearing where they’ll confirm that they’ve reached an agreement on all relevant issues. Assuming everything checks out at this hearing, the court will grant your final judgment of divorce within 30 days.

Fault-Based Grounds for Divorce

If you believe that your spouse’s behavior meets any of these criteria, it’s important to discuss your options with an experienced family law attorney who can help you understand how best to proceed with your case. Keep in mind that proving fault-based grounds for divorce can often be difficult and emotionally challenging – but if successful, it may entitle you to greater financial compensation from your ex-spouse than would otherwise be available under no-fault laws.

Adultery

If you suspect your partner of committing adultery or you have been accused of infidelity yourself, it’s important to consult with an experienced attorney who can help protect your interests throughout this complex legal process.

Desertion

It’s important to note that desertion can be difficult to prove in court since it often involves conflicting accounts of what happened between spouses. In addition, even if an individual can establish desertion as a valid grounds for divorce, it may not guarantee success in achieving their desired outcomes related to property division, alimony or child custody. That’s why working closely with an experienced family law attorney is crucial throughout any divorce proceeding involving allegations of fault.

Extreme Cruelty

In order to file for divorce on the grounds of extreme cruelty in New Jersey, you must be able to prove that your spouse’s actions have caused you significant harm. This could involve providing evidence of physical injuries resulting from domestic violence incidents; medical records showing treatment for anxiety or depression due to spousal mistreatment; witnesses who have observed abusive behaviors between spouses etc.

If you are considering filing for divorce on the grounds of extreme cruelty in New Jersey, it’s important to work with an experienced attorney who can help guide you through this difficult process while protecting your rights and interests at every step along the way.

Addiction

If you are considering filing for divorce on grounds of addiction or if your spouse has filed against you on these grounds, it’s important to work with an experienced attorney who understands how to navigate these complex issues. Your lawyer can help you gather evidence to support your claims, negotiate with your spouse’s counsel and advocate on your behalf during court proceedings. With skilled legal representation by your side, you can feel confident that you are taking steps toward protecting yourself and any children involved while moving forward with your life after divorce.

Imprisonment

Imprisonment is one of the grounds for fault-based divorce in New Jersey. If one spouse has been incarcerated for 18 or more consecutive months after getting married, then the other spouse may file for divorce on these grounds.

Here are some key points to keep in mind when seeking a divorce based on imprisonment:

The filing spouse must be able to prove that their partner was sentenced to prison and has been incarcerated for at least 18 consecutive months
If both spouses were involved in criminal activity together, such as drug trafficking or embezzlement, then the innocent spouse may not be eligible to file on these grounds
A divorce based on imprisonment can have an impact on issues such as property division, alimony and child custody, so it’s important to work with experienced legal counsel who can help you navigate these complex matters effectively

Deviant Sexual Conduct

If your spouse has engaged in deviant sexual conduct during your marriage, it may be grounds for divorce under New Jersey law. Proving such behavior can be difficult, however, and often requires the assistance of experienced legal counsel who can help you gather evidence and build a strong case.

In cases where deviant sexual conduct has occurred within the context of child abuse or exploitation, criminal charges may also be appropriate. In these situations, victims should contact local law enforcement officials immediately to report any such activity.

Institutionalization

If you are considering using institutionalization as grounds for your divorce, it’s important to work closely with experienced legal counsel who can guide you through this process and help ensure that all necessary requirements are met. Additionally, even if you do not meet the criteria outlined above, there may still be other options available under New Jersey law that could allow you to move forward with your separation in a timely and amicable manner.

Burden of Proof in Divorce Cases

The burden of proof can be challenging to meet in some cases, which is why many divorces proceed on a no-fault basis instead. In these situations, both spouses acknowledge that there are irreconcilable differences between them or have been living apart for an extended period and agree to end their marriage amicably. Working with an experienced family law attorney can help you understand your rights and options under New Jersey’s complex divorce laws and guide you through every step of this difficult process while protecting your interests along the way.

Clear and Convincing Evidence

Clear and convincing evidence is an important concept in divorce law that applies to fault-based grounds for divorce. In order to prove a fault-based ground, such as adultery or extreme cruelty, the spouse seeking the divorce must provide clear and convincing evidence of their claim. This standard is higher than a preponderance of the evidence but lower than beyond a reasonable doubt.

Adultery: To prove adultery, there must be clear and convincing evidence that one spouse engaged in sexual relations with someone outside of the marriage while they were still married.
Extreme Cruelty: To prove extreme cruelty, there must be clear and convincing evidence that one spouse engaged in conduct that made it impossible for them to continue living together as husband and wife.

This high standard helps ensure that fault-based divorces are not granted based on frivolous claims or mere suspicion. It also helps protect individuals from false accusations by requiring strong evidence before granting a judgment against them. If you believe your spouse has committed an act that could serve as grounds for divorce, it’s important to discuss your case with an experienced attorney who can help you understand how best to proceed under New Jersey law.

Preponderance of Evidence

During a divorce trial, each spouse has the opportunity to present evidence and make arguments supporting their position on matters such as property division, alimony, child support, and custody. The judge will consider all of the evidence presented by each party and use the preponderance of evidence standard to decide which claims are more likely than not true.

If one spouse alleges adultery or extreme cruelty as grounds for divorce, they must provide sufficient proof through documentation, witness testimony or other reliable sources
For equitable distribution of marital assets during property division proceedings both parties must provide documentation about their assets/debts acquired prior & after marriage
In determining child custody arrangements based on “best interests” factors like living situation / income stability are considered with input from both parents before reaching an agreement.

The preponderance of evidence standard underscores how important it is for individuals going through a divorce in New Jersey to work closely with experienced family law attorneys who can help them build strong cases and protect their rights throughout every step of this process.

Standard of Proof in Different Cases

The legal process surrounding divorce can be complex and emotionally challenging. It’s essential to work closely with an experienced family law attorney who understands New Jersey’s laws and procedures for resolving these types of cases efficiently while ensuring your rights are protected every step along the way.

Defenses to Grounds for Divorce

In addition to these specific defenses, there are also more general strategies that can be used by a spouse who wants to contest fault-based grounds for divorce. For example:

The accused spouse can argue that their behavior was not severe enough or did not meet the legal definition of abuse or neglect required by New Jersey law
The accused spouse may present evidence of their good character and argue that they have been unfairly maligned by their partner’s accusations

No matter which defense strategy you choose, it’s important to work with an experienced family law attorney who understands how New Jersey courts approach these issues and who can help you navigate this challenging process with skill and compassion.

Condonation

Condonation is a legal term that refers to the forgiveness of one spouse for the misconduct of the other. It can be an important concept in divorce cases where fault grounds are alleged.

Definition: Condonation means that one spouse has forgiven or condoned the bad behavior of their partner, such as adultery or extreme cruelty.
Effect on Divorce Proceedings: In New Jersey, if one spouse forgives another’s misconduct, it may prevent them from using that conduct as a basis for a fault-based divorce later on. Essentially, by forgiving their partner and continuing to live with them after they have committed some wrongdoing, the innocent spouse waives their right to use that conduct as grounds for divorce at a later time.

If you are considering filing for divorce and believe you may have grounds based on your spouse’s misconduct, it’s important to speak with an experienced family law attorney who can advise you about your options and help ensure your rights are protected throughout the process. A knowledgeable lawyer can also explain how concepts like condonation could affect your case and what steps you should take in order to achieve your desired outcome.

Recrimination

Recrimination is a legal defense that can be used in fault-based divorce cases in New Jersey. Essentially, it allows the defendant spouse to argue that even if they did engage in the alleged misconduct, their actions were justified because the other spouse was also at fault for causing problems in the marriage.

For example, if one spouse files for divorce on grounds of adultery, but it is discovered that both spouses have been unfaithful during the marriage, recrimination could be used as a defense by the accused spouse.
If recrimination is proven to be true and both parties are found guilty of wrongdoing then neither party can claim wrongful conduct against each other.

It’s important to note that proving recrimination can be difficult and requires a thorough understanding of New Jersey family law. If you are considering using this defense or facing allegations of marital misconduct yourself, it’s critical to work with an experienced attorney who can guide you through this complex process while protecting your rights at every step along the way.

Provocation

Here are some key points about provocation and how it can impact a divorce case:

Provocation must be serious enough to justify ending the marriage
The conduct must be such that any reasonable person would not continue living with their spouse
The courts will consider whether the provoking conduct was isolated or part of an ongoing pattern of behavior
The court will also consider whether the other spouse contributed to the situation through their own actions or misconduct

If you believe your spouse’s provocative actions led to your decision to file for divorce, it’s important to consult with an experienced attorney who can help you understand your rights under New Jersey law. Depending on the circumstances surrounding your case, provocation could play a significant role in determining issues like property division, alimony and child custody.

Collusion

Here are some key things to know about collusion in New Jersey:

If it’s discovered that spouses have colluded to obtain a fraudulent divorce, their case will be dismissed and they may face charges of perjury or other criminal offenses
Collusion can take many forms, such as one spouse agreeing to lie under oath or fabricating evidence in order to support the other spouse’s claims
New Jersey courts take allegations of collusion very seriously and will investigate any suspicions of wrongdoing before granting a divorce.

It’s important for anyone going through a divorce in New Jersey to understand the potential risks associated with collusion. Instead of trying to deceive the court, it’s always best to work with qualified legal counsel who can help you navigate this process honestly and fairly while protecting your interests at every step.

Conclusion

Divorce can be a difficult and emotional process, but understanding the laws governing it in your state is key to protecting your interests and moving forward with your life. In New Jersey, couples have several options when it comes to ending their marriage, including fault-based and no-fault divorces. They must also navigate a variety of issues related to property division, alimony, child custody and support.

The divorce process in New Jersey can be complex and time-consuming, especially if there are contested issues that need to be resolved through litigation. It’s important for spouses who are going through this process to work closely with experienced legal counsel who can help them understand their rights and obligations under the law while advocating on their behalf.

Whether you’re considering filing for divorce or you’ve already begun the process
We hope this guide has provided you with a useful introduction to some of the key aspects of divorce law in New Jersey
If you have further questions about how these laws may apply to your specific situation
Please don’t hesitate to contact an experienced family law attorney for guidance.

Summary of Grounds for Divorce in New Jersey

In addition to these fault-based grounds for divorce, New Jersey also recognizes no-fault divorces based on irreconcilable differences. This means that spouses can simply state that they have differences that cannot be resolved and wish to end their marriage. Alternatively, if spouses have been separated for 18 months or more and neither intends to reconcile, they may also seek a no-fault divorce based on separation.

If you are considering filing for divorce in New Jersey, it’s important to speak with an experienced family law attorney who can advise you on your options and help you navigate this complex process while protecting your legal rights and interests throughout every stage of proceedings.

Importance of Seeking Legal Advice

Expertise: A skilled divorce lawyer has years of experience dealing with complex legal issues related to marital dissolution, property division, alimony, child custody and support.
Negotiation Skills: An experienced attorney will also be able to negotiate effectively with the other side on your behalf in order to reach an agreement that protects your interests while minimizing conflict and stress.
Courtroom Experience: If contested litigation becomes necessary in your case, then having an experienced litigator on your side can make all the difference when it comes to achieving a favorable outcome before a judge.

In short, seeking legal advice early on in the divorce process is crucial for ensuring that you are informed about all aspects of this important decision. Whether you are contemplating filing for divorce or have been served with papers by your spouse, working closely with an experienced family law attorney is one of the most effective ways to protect yourself and those you love during this difficult time.

Additional Resources and Information

New Jersey Courts: The official website of New Jersey’s court system has a wealth of information about divorce proceedings, including forms and instructions for filing.
New Jersey State Bar Association: This organization provides referral services for those seeking legal assistance with divorce cases.
New Jersey Divorce Laws: A comprehensive guide to the laws governing divorce in New Jersey is available online at the state legislature’s website.

In addition to these resources, it’s always advisable to seek out experienced legal counsel if you are considering or going through a divorce. An attorney who specializes in family law can provide guidance on your rights and obligations under the law, negotiate on your behalf with your spouse or their attorney, and represent you effectively in court if necessary. With knowledgeable legal representation by your side, you’ll be better equipped to handle this challenging time with confidence and clarity.

FAQ on ‘Divorce Law: Grounds for Divorce in New Jersey’

How long does a couple need to be separated before filing for divorce in New Jersey?

A couple must be separated for at least 18 consecutive months before filing for divorce based on separation.

What is considered extreme cruelty in a divorce case?

Extreme cruelty may include physical or emotional abuse, controlling behavior, or any other actions that make it difficult for one spouse to continue living with the other.

Can a person file for divorce based on addiction in New Jersey?

Yes, a person can file for divorce based on addiction if their spouse has been addicted to drugs or alcohol for at least one year.

Does fault have an impact on property division in a New Jersey divorce case?

No, fault does not have an impact on property division. New Jersey is an equitable distribution state and property is divided fairly based on various factors such as income and length of marriage.