What Are the Grounds for Divorce in New Jersey?

When a marriage reaches the point where it can no longer continue, many people begin searching for clear answers about how the divorce process actually works. One of the first things that tends to come up is the idea of “grounds” for divorce, which simply refers to the legal reasons a court will recognize when granting the end of a marriage. Read on and reach out to the seasoned divorce lawyers in Sussex County here at Gruber, Colabella, Thompson, Hiben & Montella to learn more about the grounds for divorce in New Jersey and how our legal team can effectively guide you through every step of the process ahead. Here are some of the questions you may have:

What Does “Grounds for Divorce” Mean in New Jersey?

In simple terms, grounds for divorce are the legally accepted reasons a person can file to dissolve their marriage. New Jersey allows both fault-based and no-fault divorces, which gives individuals some flexibility depending on their situation. Here are the two main categories:

• No-fault grounds, which do not require proving wrongdoing
• Fault-based grounds, which involve specific marital misconduct

Most people today choose a no-fault approach because it tends to be less contentious and easier to prove, though there are situations where fault-based grounds may still be relevant.

What Are the No-Fault Grounds for Divorce in New Jersey?

No-fault divorce has become the most common option for couples who simply want to move forward without assigning blame. New Jersey recognizes two primary no-fault grounds. They are as follows:

• Irreconcilable differences
  • This is the most frequently cited ground
  • It requires showing that the marriage has been broken for at least six months
  • The differences must be significant enough that reconciliation is unlikely
• Separation
  • The spouses must have lived apart for at least 18 consecutive months
  • There must be no reasonable chance of getting back together

In most cases, irreconcilable differences is the simpler route, since it does not require a long period of physical separation. It allows couples to proceed with the divorce process without revisiting the details of what went wrong.

What Are the Fault-Based Grounds for Divorce in New Jersey?

Although less common, fault-based divorce is still available and may be appropriate in certain circumstances. These grounds require one spouse to prove that the other engaged in specific conduct that led to the breakdown of the marriage. Some of the recognized fault-based grounds are as follows:

• Adultery
  • Voluntary sexual relations outside the marriage
• Extreme cruelty
  • Physical or mental cruelty that makes it unsafe or unreasonable to continue the marriage
  • This can include emotional abuse in certain cases
• Desertion
  • One spouse leaves the marital home for at least 12 months without justification
• Addiction or habitual drunkenness
  • Ongoing substance abuse that affects the marriage
• Institutionalization for mental illness
  • Confinement for a specified period after the marriage began
• Imprisonment
  • Incarceration for at least 18 consecutive months
• Deviant sexual conduct without consent
  • Non-consensual behavior within the marriage

While fault-based claims can sometimes impact issues like alimony, they often require more evidence and may lead to a more contested process overall.

Ultimately, choosing the right grounds for divorce is not always as straightforward as it might seem at first glance. For some, a no-fault filing offers a smoother path forward, while for others, it may be important to formally raise the issue of misconduct. If you have further questions or would like to speak with an attorney about your situation, please don’t hesitate to contact Gruber, Colabella, Thompson, Hiben & Montella for an initial consultation today.