In New Jersey, a divorce can be granted for several reasons, known as “grounds for divorce.” Understanding these grounds can help you determine the best approach for your situation.
Irreconcilable differences
One of the most common no-fault grounds is irreconcilable differences. This means that you and your spouse have experienced ongoing issues that make it impossible to continue the marriage, but you don’t have to specify what those issues are. You only need to show that the marriage has broken down for at least six months and that there’s no chance of reconciliation.
Separation
The second no-fault ground is separation. In this case, the couple has lived separately for at least 18 months with no intention of getting back together. This option allows you to file for divorce without having to place blame on either party, and it gives the court an easier way to process the case without focusing on specific issues.
Adultery
If your spouse has committed adultery, meaning they have engaged in sexual relations outside of the marriage, you can file for divorce on this ground. Adultery must be proven with evidence, such as witness testimony or documentation.
Cruelty
If your spouse has treated you cruelly, either physically or emotionally, you can file for divorce on the grounds of cruelty. This can include physical abuse, threats, or consistent verbal abuse. Evidence of cruelty can include witness statements, medical records, or police reports.
Desertion
Desertion occurs when your spouse leaves the marital home and refuses to return for at least 12 months, with no reasonable justification. If your spouse has abandoned the marriage, you can file for divorce based on desertion.
Imprisonment
If your spouse has been imprisoned for 18 or more months after the marriage, you can file for divorce on these grounds. This applies if your spouse is incarcerated for a serious offense, and the imprisonment affects the ability to maintain a marriage.
In New Jersey, you have a variety of options when filing for divorce, whether you choose no-fault or fault-based grounds. The decision depends on your unique circumstances, and understanding your options can help you through the process to determine the best course of action.
