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Grounds for Divorce in New Jersey

When getting a divorce in New Jersey, you will have to state the reason for the end of the marriage in the divorce paperwork you file. This reason is officially called the “grounds” for divorce. The type of ground you file will depend on whether you are filing for a no-fault or fault-based divorce.

Is New Jersey a No-Fault Divorce State?

New Jersey is a “no-fault” state when it comes to filing for divorce. A no-fault divorce means that neither party is to blame for the end of the marriage, and blame does not have to be placed on one of the parties in order for the divorce to be granted. The grounds for filing for no-fault divorce are “irreconcilable differences.”

To file for a divorce under the grounds of irreconcilable differences, the couple must have been having these differences for at least six months prior to filing for the divorce. Additionally, having irreconcilable differences must be the reason for the divorce.

Grounds for Fault-Based Divorce in New Jersey

Although New Jersey is considered a “no-fault” state, you still have the option to file for a divorce under one of the fault-based grounds that existed before no-fault divorces were available. In order to obtain a fault-based divorce, the filing spouse must state one of the fault grounds as the reason for the divorce. Evidence or testimony is required to prove that the conduct of one spouse is without-a-doubt the reason for the divorce.

The court will accept one of the following fault-based grounds for divorce:

  • Extreme Cruelty
  • Desertation
  • Addiction or Habitual Drunkenness
  • Imprisonment
  • Institutionalization
  • Adultery
  • Deviant Sexual Behavior

Fault-based divorces typically are more complicated and longer in duration. If you wish to file for a fault-based divorce, it is in your best interest to speak to a Somerset County divorce lawyer before formally filing your case.

The attorneys at DeTommaso Law Group, LLC are available to assist you with your divorce, no matter how complicated it may be. Our team of skilled Warren divorce attorneys will listen to your story and advise you on the best route to take. We’re here to help you through this difficult time.

Call us today at (908) 274-3028 to schedule a consultation with our firm.

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