If you are a resident of New Jersey and contemplating a divorce, you will need to know what to tell the court in order to allow you to dissolve your marriage. First, you will generally need to have been a resident of the state for at least one year. Next, you will need to choose either fault or no-fault grounds for the divorce.
No-Fault Options
There are two no-fault options when you file a complaint. You can explain to a court that there have been irreconcilable differences between you and your spouse, which have continued for a period of more than six months, and that there are no reasonable prospects of reconciliation. Irreconcilable differences is the most common cause of action filed because it can be easily shown, and no blame is attached to either spouse.
Additionally, if spouses have been living separately for at least 18 months and there is no possibility of reconciling, they can obtain a divorce on the grounds of separation.
In New Jersey, there is no need for either spouse to prove anything specific about the breakdown of the marriage in order for divorce to occur. However, there are some limited circumstances in which fault-based grounds would be used.
Fault-Based Grounds: What Are Your Options?
There are several fault-based grounds that can be asserted as a basis for a divorce. These can be separate from claims for 18-month separation and irreconcilable differences. The grounds include:
- Extreme cruelty
- Adultery
- Addiction/Habitual Drunkenness
- Desertion (more than 12 months)
- Institutionalization for Mental Health Issues
- Imprisonment
In each of these cases, you would need to prove the underlying cause of action. It is also important to understand that the fault grounds for divorce, even if proven, do not generally entitle you to any additional monetary relief in your divorce.
Fault is Unnecessary for Divorce in New Jersey
It’s important to note, however, that though these types of fault exist, the vast majority of divorce cases in New Jersey are no-fault.
The majority of our cases are filed based on irreconcilable differences, as there is limited to no benefit in filing a fault-based ground. Filing a fault-based ground can substantially increase the tension between the parties in what is already an inherently challenging process.
Experienced Counsel Can Help Select the Appropriate Grounds For Divorce
Choosing the right attorney for a divorce case is crucial in getting the desired outcome. While you will need to select a ground for divorce, the choice may not be a material one for your case. Your attorney will help you negotiate settlements and offer guidance on how to navigate the divorce process, evaluate potential settlements, and bring your case to trial if a settlement cannot be achieved.
If you are contemplating divorce, contact the divorce attorneys at Skoloff & Wolfe, P.C. Our team of experienced divorce attorneys can help you navigate the many important steps in the New Jersey divorce process.
Beatrice Kandell is a Divorce Attorney at Skoloff & Wolfe, P.C.
