A marriage is a contract between you, your spouse, and the state of New Jersey. When you decide to get a divorce, it’s not simply a matter of divvying up your things and moving away. You must address the legal issues surrounding the dissolution of your marriage.
In New Jersey, there are nine reasons that are permissible grounds for divorce and they can be divided into two categories: “fault” and “no fault.”
No Fault Divorce in New Jersey
No fault divorce simply means that both parties have agreed to the termination of the marriage, but neither party is placing blame on the other (or accepting blame) for the marital split. The two most common grounds for divorce in New Jersey are considered no fault reasons:
- Separation. To file for “no fault” divorce under the grounds of separation, you and your spouse must agree that there is no hope for reconciliation and be able prove that you have lived in separate residencies for at least a period of 18 months.
- Irreconcilable differences. If you cannot wait 18 months, you can file on the grounds of irreconcilable differences, and state that your marriage has suffered for six months or longer, and that there is no hope for reconciliation.
If you and your spouse are certain you want a divorce, and you do not wish to wait the 18 months of living separated before filing your complaint, then filing under the grounds of irreconcilable differences is usually your best option.
At Fault Divorce
Filing a divorce based on at fault grounds is often more difficult, time-consuming, and expensive because you must prove the divorce is the result of your spouse’s actions and this will most likely involve attorneys, meetings, and court appearances. However, when filing a divorce under at fault grounds, there is no set length of time that you and your spouse must have been separated to file.
The seven grounds for filing an at fault divorce in the State of New Jersey include:
- Adultery
- Addiction
- Imprisonment
- Deviant sexual behavior
- Institutionalization
- Abandonment
- Extreme cruelty
Talk to a Seasoned Divorce Attorney in New Brunswick
If you have questions about divorce, don’t hesitate to contact the Law Offices of Steven M. Cytryn at (732) 214-1103. Because we understand how emotionally trying a divorce can be, we take a compassionate approach while aggressively advocating for the rights and interests of our clients. If you are considering a divorce or separation and have children, contact us to learn more about your rights and what the next step should be.
