Different Types of Divorce Explained
No Fault Divorce – In New Jersey, you don’t necessarily need to file a complaint against your spouse when seeking a divorce. A No Fault Divorce may suit your needs if (all must be met):
- You or your spouse has lived in New Jersey for 12 consecutive months prior to filing for divorce.
- You and your spouse must have experienced irreconcilable differences for at least six months.
- The irreconcilable differences make it appear that the marriage should be dissolved.
- There is no reasonable prospect of reconciliation.
Fault Divorce – In New Jersey, despite the No Fault Divorce provision, a spouse can still bring a divorce complaint based on fault against their spouse. These grounds include:
- Extreme cruelty - In the event a marriage is characterized by physical or mental cruelty, the complaining spouse must subjectively believe that it is unreasonable or improper to remain cohabitated with the other spouse.
- Adultery – No proof that adultery occurred is necessary. Rather, the complaining spouse can show by circumstantial evidence that the alleged unfaithful spouse had 1) the inclination to commit adultery, 2) the opportunity to commit adultery, and 3) the ability to commit adultery.
- Desertion – This complaint is available to a spouse whose spouse has lived outside of the marital home for a period of 12 consecutive months prior to the filing date against the wishes of the complaining spouse.
- Constructive desertion - This requires a spouse to actually desert a spouse against their wishes for a period of 12 consecutive months. (The 12 month period has to occur prior to the filing of the complaint for divorce.)
- Habitual Intoxication – Available to a spouse when the other spouse is drunk or using drugs for a year prior to filing.
- Imprisonment - This requires the spouse to be in prison for a period of 18 consecutive months prior to the filing date.
- Institutionalization – For this to apply, the spouse must have been institutionalized for 22 years prior to filing.
- Deviant sexual behavior – This ground for divorce is available to a spouse who has been subjected to depraved sexual conduct against their wishes
If you have questions about divorce in New Jersey, Call our Family Law Attorneys for a free consultation. 800-709-1131