What are the grounds for divorce in New Jersey?
In New Jersey, there are several “fault” grounds and two “no fault” grounds. With regard to the fault grounds, they are adultery, desertion, extreme cruelty, separation, drug addiction, habitual drunkenness, institutionalization, imprisonment and deviant sexual conduct. The original “no fault ground” was living separate and apart for eighteen months. As of January, 2007, an additional “no fault ground” was added “irreconcilable differences”. The only requirement is that you need to state that there has been a breakdown of the marriage for a period of six month and there is no prospect of reconciliation.
Grounds for divorce in NJ Even though New Jersey has both fault and no-fault grounds, in most cases, the fault has no bearing on how marital assets will be divided. Occasionally, the Court may consider the grounds for divorce as a factor in determining spousal support. Fault is an emotional factor in a divorce, but it has little or no influence on the terms of the settlement. Common grounds for divorce: separation for 18 consecutive months (no-faultparties must live in separate residences during this time); extreme physical or mental cruelty; adultery; willful desertion for at least one year; habitual drunkenness or voluntary addiction for at least 12 consecutive months; institutionalization for mental illness for at least 24 consecutive months; imprisonment for at least 18 consecutive months deviant sexual conduct. Annulment In a divorce, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is more difficult to pro
In New Jersey, there are several “fault” grounds and two “no fault” grounds. With regard to the fault grounds, they are adultery, desertion, extreme cruelty, separation, drug addiction, habitual drunkenness, institutionalization, imprisonment and deviant sexual conduct. The original “no fault ground” was living separate and apart for eighteen months. As of January, 2007, an additional “no fault ground” was added – “irreconcilable differences”. The only requirement is that you need to state that there has been a breakdown of the marriage for a period of six month and there is no prospect of reconciliation.
On January 22, 2007, Jon Corzine signed into law the amendment that allows irreconcilable differences as grounds for divorce. At present New Jersey now recognizes nine (9) grounds for divorce. Two are considered to be “no-fault” grounds and the other seven involve an allegation of “fault.” No-Fault Grounds Irreconcilable Differences This is the ground that is by far the easiest to satisfy and is the most used grounds. The Complaint must allege that the parties have irreconcilable differences which have caused the breakdown of the marriage for a period of six (6) months and make it appear that the marriage should be dissolved, and that there is no reasonable prospect of reconciliation. Under this new ground, couples can file for a divorce in New Jersey, while continuing to reside together. ,br> Separation The parties are required to have lived separately in different residences for at least eighteen (18) consecutive months immediately preceding the filing of the Complaint, and there mus
Although New Jersey divorce law has both fault and no-fault grounds, in most cases, fault has no bearing on how marital assets will be divided. In rare cases, the court may consider the grounds for divorce as a factor in determining spousal support. Fault is an emotional factor in a divorce, but it has little or no influence on the terms of a final settlement.
