When you decide to end your marriage, you will face various decisions regarding the terms that will apply to the termination of your marriage. However, the first step to commence the divorce process is to file divorce papers. Through the “Complaint for Divorce,” you will be required to stipulate the grounds or reasoning for the dissolution of the marriage. Therefore, it’s imperative to declare the grounds for divorce carefully. Please continue reading to learn about the different fault grounds you can cite for divorce in New Jersey and how our seasoned Monmouth County Divorce & Separation Attorneys can help you determine the best divorce route for your marital situation.
Understanding Grounds for Divorce Under New Jersey Law
New Jersey allows both “no-fault” and “fault” based divorces. When you file for a fault-based divorce, you must prove that your spouse’s misconduct caused the end of your marriage. Essentially, you must prove that they are to blame for the cause of the divorce.
If you file for a no-fault divorce in Central New Jersey, you do not need to prove any fault grounds. Instead, you can cite irreconcilable differences, which means you and your spouse can no longer get along, and your differences have caused the irretrievable breakdown of your marriage for at least six months.
It’s important to understand that choosing to pursue a fault-based or no-fault divorce will generally not have an impact on the outcome of your divorce. In general, this will only impact the procedure of pursuing a divorce under New Jersey law.
You should also note that divorce laws in New Jersey are governed by statewide statutes and ultimately apply to all family courts throughout the state, including those in Monmouth County, Middlesex County, and the surrounding areas. However, procedures may vary slightly by county, though the laws in place will remain the same.
No-Fault Grounds for Divorce in New Jersey
With irreconcilable differences, neither spouse is to blame for the cause of the divorce. This is common in instances where the decision to file for divorce is mutual, you do not have evidence to successfully prove your spouse is at fault, or you simply want to move through the process a little bit faster.
Irreconcilable Differences
Citing irreconcilable differences is the most common ground for divorce cited in New Jersey divorces, as it requires minimal evidence and can substantially reduce the risk of litigation.
- Marriage must be irretrievably broken for at least six months
- No proof of misconduct is required
- Available even if you and your spouse continue living together
- Typically, the fastest and lowest-conflict option
Separation as a No-Fault Ground
In addition, if you file for a no-fault divorce, you can cite separation. To meet the requirements:
- You and your spouse must live apart for at least 18 consecutive months
- There is no reasonable expectation to reconcile
- Physical separation, meaning living in separate residences, is required
- Less commonly cited than irreconcilable differences
Fault-Based Grounds for Divorce in New Jersey
Moreover, when filing for a fault-based divorce, you may only cite an acceptable reason provided by the state for ending the union, in accordance with NJ Rev Stat § 2A:34-2. In New Jersey, you have the option of filing for divorce based on any of the following types of misconduct:
- Adultery
- Desertion for at least 12 months or more
- Extremely cruel or abusive treatment (acts of physical and mental abuse that happened at least three months before filing for divorce)
- Habitual intoxication
- Drug addiction
- Imprisonment for at least 18 consecutive months during your marriage
- Deviant sexual conduct (meaning sexual conduct that violates accepted legal or societal standards)
- Institutionalization for mental illness
You should also understand, however, that if you choose to file on the grounds of fault, you must be able to fulfill the burden of proof to substantiate your claims of wrongdoing. This requires carefully collected evidence and understanding the importance of working with an experienced divorce attorney to help you through this process.
Does Choosing Fault Grounds Impact the Outcome of an NJ Divorce?
As mentioned, it’s important to understand that filing for divorce on the grounds of wrongdoing in New Jersey will generally not have a considerable impact on the outcome of the divorce.
When Fault May or May Not Matter
You’ll find that, in general, fault grounds:
- Generally do not impact property division
- Rarely impact custody determinations (with exceptions for substance abuse, domestic violence, or abandonment)
- May only influence spousal support in extreme cases
- Can increase the conflict and cost of divorce
Choosing the Right Grounds for Your Situation
If filing for divorce based on fault is something you are considering, it’s important to understand your legal options. In general, you’ll find that, while most spouses will benefit from a no-fault divorce, there may be scenarios in which pursuing a fault-based divorce can be helpful. As such, it is in your best interest to work with an experienced Central Jersey divorce attorney to help you determine the best course of action, including the most effective grounds to file on, for your unique situation.
In Central New Jersey, divorce complaints are generally filed with the Superior Court of New Jersey, Family Division, in the county where you reside and meet the necessary residency requirements. Understanding local procedures can help avoid unnecessary delays.
Contact Our Central New Jersey Divorce Attorneys Today
If you’re considering filing for a fault-based divorce, an adept attorney from the legal team at Paone Zaleski & Murphy can help you evaluate your situation and determine whether you would benefit from pursuing this type of divorce. Contact us today to learn how we can represent you.
