If your marriage has run its course, the next logical step is to research how to file for divorce. It’s imperative to understand that each jurisdiction has specific requirements that must be satisfied before you can officially initiate the divorce process. Please continue reading to learn the legal requirements for getting a divorce in New Jersey and how our experienced Monmouth County Divorce & Separation Attorneys can assist you.
What Are New Jersey’s Residency Requirements for Divorce?
Before you can pursue a divorce in New Jersey, you must meet the state’s residency requirements. To be eligible for a divorce, you or your spouse must have resided in the estate for at least one year prior to filing. However, there is an exception. The one-year residency requirement is not applicable if the grounds for divorce are adultery. If you file for divorce on the grounds of adultery, you can file for divorce as long as you or your spouse are a New Jersey resident for any amount of time prior to filing, which can be less than a year. If you have not lived in the state for a full year, you still may be eligible for divorce, given that the reason is cheating.
What Are the Grounds for Divorce in NJ?
In addition to satisfying the state’s residency requirements, you need to provide a valid reason or “ground” for the dissolution of your marriage. New Jersey allows both no-fault and fault-based divorce.
In a no-fault divorce, you can cite irreconcilable differences. To pursue a divorce based on this ground, you or your spouse must have lived in the state for at least 12 consecutive months prior to filing and you must demonstrate that the marriage has suffered for at least six months with no hope for reconciliation. New Jersey recognizes the following grounds for divorce:
- Separation: It’s important to understand that there is no such thing as “legal separation” in New Jersey. When one party claims separation as the reason for the divorce, one must allege that the couple has lived separately for at least 18 months. Essentially, a couple must have ceased cohabitating for a year and a half to cite this ground for divorce.
- Adultery: You can cite this ground if you can show that your spouse has voluntarily engaged in an extramarital affair. You should note that the court will require proof of your spouse’s marital misconduct.
- Desertion: New Jersey permits a couple to divorce if they have not cohabitated for more than twelve months.
- Addiction: If your spouse has substance abuse issues that have lasted more than a year and it’s harming your relationship, this is grounds for divorce.
- Deviant sexual conduct: The state criminalized marital rape in the 1990s. This is defined as “conduct voluntarily performed by the defendant without the consent of the plaintiff.”
- Imprisonment: If a spouse is incarcerated for more than 18 months after marriage, the state allows the other to request a divorce.
- Extreme cruelty: If one spouse engages in cruel or abusive behavior that makes it unreasonable to continue to cohabitate you can use this as grounds for divorce.
- Institutionalization: If one spouse has been committed to an institution for mental illness for at least 24 consecutive months, you can file for divorce.
If you are facing a divorce, please don’t hesitate to contact a determined attorney from Paone Zaleski & Murphy, who can help you navigate your legal options. Connect with our firm today for a consultation.
