When you file for divorce you need to submit a clear, valid reason for the decision. Most states follow similar guidelines when it comes to filing for divorce. According to New Jersey divorce law, there are nine reasons, or grounds, for divorce that can be given for the dissolution of a marriage. In this blog, we’ll look at five of the most common grounds for divorce in NJ.
No-Fault Grounds
- Separation
Separation one of two “no-fault” grounds for divorce. This is the case if both parties agree that there is no possibility of reconciliation after an 18-month waiting period. During those 18 months, couples must prove that they lived in separate residences to be able to file for divorce on the grounds of separation. - Irreconcilable Differences
This works in a similar way to separation, as it is another “no-fault” ground for divorce. But in this case, couples do not have to undergo the 18-month waiting period while living in separate homes. Instead, couples must state that the marriage has suffered for a minimum period of six months and that they believe there is no possibility of reconciliation.
At-Fault Grounds
In almost 80% of divorces, the decision is unilateral, meaning that one party wants the divorce while the other does not. These situations often cite “at-fault” grounds for divorce.
- Adultery
If an individual knows their spouse has been unfaithful to them, they can file for divorce on the grounds of adultery. But it is important that concrete evidence is submitted to the court. When concrete evidence hasn’t been provided, the individual must be able to show that their partner had both an inclination and an opportunity to cheat. - Abandonment
Abandonment is deemed an appropriate ground for divorce if a spouse has left their partner for at least 12 months without any financial support. - Imprisonment
Filing for divorce on grounds of imprisonment requires a spouse to have been sentenced to a minimum of 18 months in jail after the marriage had begun. If a spouse’s sentence was less than 18 months, proof must be submitted to the court that both parties lived separately after their release. Like separation, a minimum of 18 months apart is still required.
Divorce law provides numerous grounds on which a person can file. But no matter the grounds for divorce, it is important to hire a reputable divorce lawyer. Each of these grounds comes with a fair share of legal issues that require legal assistance.