Filing for divorce in New Jersey requires more than simply deciding your marriage is over. The state requires you to cite specific legal grounds or causes for divorce when you file a complaint. Understanding these grounds for divorce helps you navigate the divorce process more effectively and choose the most appropriate basis for your divorce case.
New Jersey recognizes both fault-based and no-fault grounds for divorce, giving couples options that range from simple irreconcilable differences to more serious allegations requiring proof. Working with an experienced family law attorney ensures you select the grounds that best fit your situation and understand how your choice may impact the divorce process.
No-Fault Grounds for Divorce in New Jersey
No-fault grounds for divorce allow you to end your marriage without blaming your spouse for specific wrongful actions. These grounds are the most common in New Jersey divorces because they avoid contentious accusations and generally lead to more civilized proceedings.
Irreconcilable Differences
This is by far the most commonly used ground for divorce in New Jersey. To file based on irreconcilable differences, you must show that differences have caused the breakdown of the marriage for a period of at least six months and that there is no reasonable prospect of reconciliation. This ground does not require you to identify specific problems or assign blame. You simply assert that the marriage has broken down irretrievably with no chance of repair.
The major advantage of filing for divorce based on irreconcilable differences is that it allows couples to begin legal proceedings respectfully without specific accusations. This approach often results in less contentious divorces, which benefits everyone involved, especially when child custody and child support issues are at stake.
Separation
The second no-fault ground requires that you and your spouse have lived separate and apart in different habitations for at least 18 consecutive months. After these 18 months, there is a legal presumption that no reasonable prospect of reconciliation exists.
While separation provides a no-fault option, it presents practical challenges. Maintaining two separate households for 18 months adds a substantial financial burden during an already difficult time. Most couples prefer the irreconcilable differences ground, which allows them to file a complaint for divorce immediately without the waiting period.
Fault-Based Grounds for Divorce
New Jersey also recognizes several fault grounds that require proving your spouse engaged in specific wrongful conduct. While these grounds are less common than no-fault options, they remain available and may be appropriate in certain situations.
Extreme Cruelty
Despite harsh wording, extreme cruelty is one of the mildest fault grounds and is frequently used. New Jersey law defines extreme cruelty as any physical or mental cruelty that endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant.
The breadth of this definition means extreme cruelty can range from severe physical abuse to emotional neglect or lack of support. You must provide enough detail in your complaint for divorce to convince the judge that it would be unreasonable to expect you to continue living with your spouse. However, you cannot file a complaint based on extreme cruelty until three months have elapsed since the last act of cruelty.
Adultery
Adultery means one spouse has been unfaithful to the marital relationship. While this is a recognized fault ground, it requires proof showing that adultery occurred. Circumstantial evidence demonstrating inclination and opportunity is sufficient, but you may need witnesses or documentation. Filing based on adultery also requires naming the person with whom your spouse committed adultery as a co-respondent, allowing that person to defend against the allegations.
One advantage of filing based on adultery is that there is no waiting period. You need not be a New Jersey resident for any specific duration before filing, unlike irreconcilable differences which requires 12 consecutive months of residency.
Desertion
Desertion as a ground for divorce means willful and continued desertion for 12 or more months. This can be established by showing the parties have ceased to cohabit as husband and wife. Interestingly, desertion does not necessarily mean physical abandonment. It can also refer to refusal to engage in sexual relations for 12 consecutive months, sometimes called constructive desertion.
Deviant Sexual Conduct
This ground applies when one spouse has voluntarily performed deviant sexual conduct without the consent of the other spouse. Like adultery claims, this requires naming co-respondents and can be difficult to prove.
Less Common Fault Grounds
Several additional fault grounds exist but are used less frequently due to specific requirements or unusual circumstances.
Addiction
You can file for divorce if your spouse has been voluntarily addicted to narcotic drugs or has been habitually drunk for 12 or more consecutive months. The substance abuse must be persistent and substantial, representing a clear pattern rather than isolated incidents.
Institutionalization for Mental Illness
This ground requires that your spouse has been institutionalized for mental illness for 24 or more consecutive months following the marriage. The institutionalized spouse must be unable to function as a marriage partner due to their condition.
Imprisonment
If your spouse has been imprisoned for 18 or more consecutive months after marriage, you can file for divorce on this ground. However, if you resume cohabitation after your spouse's release from prison, you cannot use imprisonment as grounds for divorce.
Choosing the Right Grounds for Your Divorce Case
Selecting appropriate grounds for your divorce requires considering both legal and practical factors. Your choice appears in the complaint for divorce and becomes part of your permanent divorce record.
Legal Requirements
Each ground has specific requirements you must meet. Irreconcilable differences require six months of differences and no prospect of reconciliation. Separation requires 18 months of living apart in different residences. Fault grounds like extreme cruelty require three months from the last cruel act before filing.
Proof Requirements
No-fault grounds generally require less proof than fault grounds. For irreconcilable differences, you simply assert that differences exist. Fault grounds like adultery or extreme cruelty require evidence and detailed allegations in your complaint.
Impact on Divorce Process
While the grounds you choose generally do not affect child custody, child support, alimony, or equitable distribution, they can influence the tone of your divorce. Fault grounds may create a more contentious atmosphere, while no-fault grounds tend to foster cooperation.
Multiple Grounds in Divorce Complaints
New Jersey law allows you to plead multiple grounds in a single complaint for divorce. You might assert both irreconcilable differences and extreme cruelty, for example, giving the court options if one ground proves difficult to establish.
Strategic Considerations
Including multiple grounds provides flexibility but does not necessarily carry additional weight with the judge. Only one ground needs to be proven for the court to grant your divorce. Some family law attorneys recommend including irreconcilable differences as a backup, even when filing primarily on fault grounds.
Emotional Factors
For some people, the grounds they choose carry considerable emotional significance. A spouse who experienced abuse or infidelity may feel that filing on fault grounds represents an important step toward justice and closure, even if it does not directly affect the financial outcome.
How Grounds Affect Divorce Outcomes
Understanding how your chosen grounds might influence various aspects of your divorce helps you make informed decisions during the filing process.
Financial Implications
In most cases, the grounds for divorce do not directly affect property division or alimony determinations. New Jersey courts focus on equitable distribution principles and statutory factors for alimony rather than marital fault. However, in unusual cases where marital fault negatively affects the economic status of the parties or violates societal norms so severely that continuing economic bonds would confound notions of simple justice, fault may play a role.
Child Custody Considerations
The grounds for divorce can factor into child custody determinations, especially when abuse is alleged and proven. If you file based on extreme cruelty involving abuse, this evidence may influence custody decisions to protect children's safety and well-being.
Timeline and Process
Your choice of grounds affects how quickly you can file and how the divorce process unfolds. Irreconcilable differences allow immediate filing after establishing residency. Separation requires waiting 18 months. Fault grounds like extreme cruelty require waiting three months after the last cruel act.
Filing Your Complaint for Divorce
When you file a complaint for divorce in New Jersey, you must be at least 18 years old and meet specific residency requirements. At least one spouse must have lived in New Jersey for 12 consecutive months before filing, except for divorces based on adultery which have no waiting period.
Required Documents
Your complaint for divorce must include biographical information about you and your spouse, details about your marriage and children, what you're asking the court to order regarding child custody and child support, and the specific grounds upon which you're basing your divorce.
Certification Requirements
When filing your complaint, you must certify that the allegations are true to the best of your knowledge and that there has been no collusion with anyone in making the allegations. This certification, called the Certification of Verification and Non-Collusion, is a sworn statement subject to penalties for false statements.
Working With a Family Law Attorney
Navigating the grounds for divorce and the filing process requires understanding complex legal requirements and strategic considerations. An experienced family law attorney can help you select the most appropriate grounds for your situation and guide you through the divorce process.
Professional Guidance
A knowledgeable attorney explains the advantages and disadvantages of different grounds, helps gather necessary evidence for fault-based divorces, prepares your complaint for divorce with proper legal language, and advises on how your chosen grounds might affect other aspects of your case.
Protecting Your Interests
Beyond selecting grounds, your attorney ensures all required documents are properly filed, represents your interests in negotiations and court proceedings, helps you understand your rights regarding child custody and child support, and works toward a fair resolution of financial issues.
Moving Forward With Your Divorce
Most couples today opt for irreconcilable differences because it avoids contentious accusations and generally leads to more cooperative divorce proceedings. However, fault grounds remain available when circumstances warrant their use, and your family law attorney can help you determine which approach best serves your interests.
If you're contemplating divorce in New Jersey, consult with an experienced family law attorney who can explain your options, help you understand the legal requirements for different grounds, and guide you through the filing process. With proper legal representation, you can navigate this difficult transition while protecting your rights and working toward a fair resolution.