When it comes to divorce, each state in the United States has its own set of laws and regulations that govern the process. New Jersey is no exception. If you’re contemplating divorce in the Garden State, it’s essential to be well-informed about the various grounds for divorce that are recognized by the New Jersey legal system. In this comprehensive guide, we will delve into the different grounds for divorce in New Jersey, shedding light on the legal aspects and requirements that pertain to each one.
1. No-Fault Divorce
In recent years, no-fault divorce has become increasingly popular across the United States, including New Jersey. No-fault divorce is based on the premise that a marriage has irretrievably broken down, and neither party is necessarily to blame in New Jersey no fault divorce law. In New Jersey, you can obtain a no-fault divorce by claiming that you and your spouse have been living separately for at least 18 consecutive months, and there’s no reasonable prospect of reconciliation.
2. Adultery
One of the most common grounds for divorce is adultery. In New Jersey, if you can provide clear and convincing evidence that your spouse has engaged in extramarital affairs, it can be considered grounds for divorce. Adultery can significantly impact a marriage and is often cited as a primary reason for dissolution.
3. Desertion
Desertion, also known as abandonment, is another valid ground for divorce in New Jersey. To qualify for this ground, one spouse must have willfully deserted the other for a continuous period of 12 months or more. Desertion can encompass both physical absence and the refusal to engage in sexual relations with the other spouse.
4. Extreme Cruelty
Extreme cruelty is a serious ground for divorce in New Jersey. It includes physical or emotional abuse that makes living together intolerable. The battered spouse must present proof of the cruelty and it must be considered severe and extreme in order to use this ground.
5. Drug or Alcohol Abuse
Substance abuse, including drug or alcohol addiction, can be a valid ground for divorce in New Jersey. If one spouse’s addiction negatively affects the marriage and family life, it can be used as grounds for divorce.
6. Imprisonment
If your spouse has been sentenced to prison for 18 months or more, this can serve as grounds for divorce in New Jersey. It is important to note that the imprisonment must be ongoing, and there should be no expectation of release in the near future.
7. Institutionalization
Institutionalization is another unique ground for divorce in New Jersey. If one spouse is confined to a mental institution for a minimum of 24 consecutive months, and there is no likelihood of improvement, it can be used as a basis for divorce.
8. Separation
New Jersey law also recognizes separation as a ground for divorce. If you and your spouse have been living separately and apart for at least 18 consecutive months, this can be a valid ground for divorce, even if neither party is at fault. To know more about Separation vs divorce New Jersey call law officers of SRIS PC our experienced Divorce lawyers in New Jersey will help you.
9. Deviant Sexual Conduct
In cases of deviant sexual conduct, such as pedophilia, bigamy, or other sexual perversions, a spouse can use this as grounds for divorce in New Jersey. However, it’s essential to provide clear evidence to support these claims.
10. Irreconcilable Differences
Irreconcilable differences are another no-fault ground for divorce in New Jersey. This ground is often used when both spouses agree that their marriage has irretrievably broken down, and there is no hope of reconciliation.
Final Thoughts
Understanding the different grounds for divorce in New Jersey is crucial if you are contemplating ending your marriage. The legal landscape can be complex, and knowing which ground is applicable to your situation is essential. Whether it’s a no-fault divorce or one based on specific grounds like adultery or cruelty, seeking legal counsel and guidance is advisable.
In conclusion, New Jersey offers a variety of options for those seeking divorce. By being well-informed about these grounds, you can make the best decision for your unique circumstances and move forward with your life.
