Marriages end for many reasons. New Jersey law, however, grants divorce under specific grounds. Whether you’re dealing with a spouse’s misconduct or you’ve simply grown apart, understanding which one applies to your situation is the first step in the divorce process.
Irreconcilable differences
This means the couple had serious disagreements that caused their marriage to break down. They must show that they have experienced these problems for at least six months before filing for divorce. The law also requires “no reasonable prospect of reconciliation,” meaning they believe there’s no real chance they’ll be able to resolve these issues.
Willful and continued desertion
Desertion occurs when one spouse leaves the marital home for at least 12 months, intending to end the marriage. It involves stopping all marital duties and interactions, including giving financial support, being intimate or providing emotional companionship.
Extreme cruelty
Extreme cruelty refers to behavior that endangers the safety or health of the spouse seeking a divorce or makes living together unreasonable. This may include:
- Physical violence
- Severe emotional abuse
- Constant humiliation
The law requires a 3-month waiting period after the last act of cruelty before filing for divorce.
Separation
Using separation as a grounds for divorce requires couples to live “separate and apart in different habitations” for at least 18 months. This means living in separate homes, not just in different rooms of the same house. After the 18-month period, the law assumes there’s “no reasonable prospect of reconciliation.” However, this may still be subject to the court’s evaluation of the specific circumstances of each case.
Other grounds for divorce
New Jersey recognizes several other grounds for divorce beyond those previously mentioned. These include:
- Voluntarily induced addiction or habitual drunkenness for at least 12 months
- Adultery
- Institutionalization for mental illness for 24 consecutive months after marriage and right before filing for divorce
- Imprisonment for 18 consecutive months
- Non-consensual sexual acts performed by one spouse on the other
Each of these grounds has specific legal definitions and requirements. Make sure to consult with an attorney if you need guidance on which ground applies to your situation or how to proceed with your divorce.
Make informed decisions
Understanding and proving grounds for divorce can be challenging. If you plan to file for divorce, discuss your situation with an attorney who can guide you through the legal process.