What are grounds for divorce in New Jersey
The grounds for divorce in New Jersey are set out in . The statute recognizes both fault-based and no‑fault grounds. The most frequently used no‑fault ground is irreconcilable differences. To proceed on that ground, the person filing must allege under oath that the marriage has broken down irretrievably for at least six months. Other statutory grounds include separation for at least 18 consecutive months, adultery, willful and continued desertion for 12 months, extreme cruelty, voluntary addiction to drugs, habitual drunkenness, institutionalization for mental illness, imprisonment for 18 months or more, and deviant sexual conduct. Law Offices Of SRIS, P.C. assists clients with divorce and family law matters across New Jersey. Reach us at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Grounds for Divorce Under New Jersey Law
All divorce actions in New Jersey are brought in the Superior Court of New Jersey, Chancery Division, Family Part. The court must be satisfied that at least one statutory ground exists before it will grant a dissolution of the marriage. The grounds are listed in and include the following:
- Irreconcilable differences. This is the most common ground. The party seeking divorce must state that the marriage has experienced an irretrievable breakdown for a period of at least six months before the filing date and that there is no reasonable prospect of reconciliation.
- Separation. The parties must have lived separate and apart in different residences for at least 18 consecutive months, with no reasonable prospect of reconciliation. This ground is available even if both spouses do not agree that the marriage is broken.
- Adultery. The filing spouse must prove the adultery occurred. Because proof can be difficult, many cases proceed on a no‑fault ground even when adultery is present.
- Willful and continued desertion for at least 12 months.
- Extreme cruelty (physical or mental cruelty that endangers the health or safety of the spouse or makes it improper to continue living together).
- Voluntary addiction to narcotic drugs or habitual drunkenness for at least 12 months.
- Institutionalization for mental illness for at least 24 consecutive months after the marriage.
- Imprisonment of the defendant for 18 months or more after the marriage.
- Deviant sexual conduct voluntarily performed without the consent of the plaintiff.
When one of these grounds is established, the court may proceed to resolve issues of equitable distribution, alimony, child custody, and support. Mr. Sris and the firm’s Of Counsel attorneys help clients evaluate which ground best fits their circumstances and prepare the necessary pleadings.
Frequently Asked Questions
What is the most common ground for divorce in New Jersey?
The most common ground for divorce in New Jersey is irreconcilable differences. This no‑fault ground requires the person filing to state under oath that the marriage has broken down irretrievably for at least six months and that there is no reasonable prospect of reconciliation. Because it does not require proof of wrongdoing, most divorces are filed under this ground. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Does New Jersey allow fault-based divorce?
Yes, New Jersey permits fault-based divorce under several statutory grounds. These include adultery, willful desertion for 12 months, extreme cruelty, voluntary drug addiction or habitual drunkenness, institutionalization for mental illness, imprisonment for 18 months, and deviant sexual conduct. A fault‑based ground can affect alimony and equitable distribution. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How long must my spouse and I be separated to file for divorce under the separation ground?
You and your spouse must live separate and apart in different residences for at least 18 consecutive months. There must also be no reasonable prospect of reconciliation. This no‑fault ground does not require the spouse who is not filing to agree. The separation period must be continuous and precede the filing. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Do I need a legal separation before filing for divorce in New Jersey?
New Jersey law does not require a court-ordered legal separation before filing for divorce. A couple may simply live apart, either informally or under a written separation agreement, and later use that separation to satisfy the 18‑month ground. Many people also choose to file under irreconcilable differences without a prior separation. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens if my spouse does not agree to the divorce?
You may still obtain a divorce even if your spouse does not consent. You can proceed under a no‑fault ground such as irreconcilable differences or the 18‑month separation, or under a fault‑based ground. The non‑consenting spouse may contest the divorce, but the court will grant the dissolution if you prove the statutory ground. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Does fault affect alimony or property division in New Jersey?
Fault can be considered by the court when determining alimony and, in rare circumstances, equitable distribution. Under the 2014 alimony reform, marital fault is not a factor unless it impacts the economic circumstances of the parties or constitutes egregious conduct. The court primarily focuses on factors such as the length of the marriage, the parties’ earning capacities, and the standard of living during the marriage. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the difference between a no‑fault divorce and a fault divorce?
A no‑fault divorce does not require proving misconduct, while a fault divorce requires you to present evidence of the other spouse’s wrongdoing. No‑fault grounds (irreconcilable differences or 18‑month separation) are usually faster, less expensive, and less contentious. Fault grounds can be relevant when strategic considerations, such as the impact on alimony, are at issue. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the court determine whether irreconcilable differences exist?
The court determines irreconcilable differences based on the sworn statement of the spouse filing for divorce. The statute requires that the marriage has broken down irretrievably for at least six months and that there is no reasonable prospect of reconciliation. The court generally does not require any additional proof if the plaintiff makes the required allegations under oath. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Can I file for divorce under more than one ground?
Yes, a divorce complaint may plead multiple grounds in the alternative. For example, a spouse may allege both irreconcilable differences and extreme cruelty. The court will determine which ground is proved at trial or through the settlement process. This approach preserves options if evidence supporting one ground is insufficient. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How do I start a divorce case in New Jersey?
You start a divorce case by filing a Complaint for Divorce with the Superior Court in the county where either spouse lives. The pleading must state the ground for divorce and may include requests for equitable distribution, alimony, custody, and support. The other spouse must be served with the complaint. Mr. Sris and the firm’s Of Counsel attorneys can prepare and file the necessary documents. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris is a former prosecutor who brings that experience to the firm’s family law practice. The firm’s Of Counsel attorneys are experienced in handling divorce and related matters before the Superior Court of New Jersey. Together they work to achieve favorable outcomes while guiding clients through each stage of the proceeding.
Consultations are available by appointment at our New Jersey location in Tinton Falls. Reach us at (888) 437-7747 to schedule a time to discuss your divorce or family law matter.
New Jersey Divorce Lawyer | New Jersey Family Lawyer | New Jersey Child Custody Lawyer | New Jersey Alimony Lawyer | New Jersey Separation Agreement Lawyer
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Attorney responsible for this advertising: Mr. Sris.