If you are considering filing for divorce, it is a very common legal process in the state of New Jersey — but there are certain requirements that you will have to fulfill. Around 10% of the U.S. population is divorced today and 95% of cases are reached through an out-of-courtroom settlement.
If you are considering filing for divorce in New Jersey, you can file a divorce case based on any of the following grounds:
-
- Adultery: When one spouse (or both spouses) cheat on the other.
-
- Abandonment: If your spouse leaves your home for at least 12 months, you can file for divorce and state abandonment/desertion as your grounds for divorce. (Note that this is different from separation.)
-
- Addiction: If your spouse has a habitual addiction to drugs or alcohol, you can claim this reason as your grounds for divorce.
-
- Deviant sexual conduct: This is not defined very well by New Jersey laws, but it generally applies to sexual acts performed on you by your spouse that you do not entirely wish to continue. It is important to talk with a divorce lawyer if this is applicable in your situation because this reason may be better handled under a domestic violence or sexual abuse case.
-
- Extreme cruelty: This can apply to physical and/or emotional abuse. This reason states that your spouse has created an environment in your home that makes it impossible for you to live with him/her.
-
- Imprisonment: If your spouse is sentenced to at least 18 months in jail, you can cite imprisonment as a reason for getting a divorce.
-
- Institutionalization: Similar to imprisonment, you may cite institutionalization as the reason for the dissolution of a marriage when your spouse is held at a mental institution for at least 24 consecutive months after your marriage.
-
- Irreconcilable differences: This is probably the most common reason cited for the dissolution of a marriage. This typically applies to couples who live together and have been experiencing irreconcilable differences for at least six months.
- Separation: For a divorce proceeding, a legal separation is when you and your spouse agree to live separately for at least 18 months and there is no chance of reconciliation.
Understanding all of the grounds for divorce can be tricky so it is important to work with an experienced lawyer. Typical divorce proceedings take around one year to complete, but an especially difficult divorce settlement could take longer. If you are facing the dissolution of a marriage, it’s important to talk about your options with a professional lawyer.