What Are Divorce Grounds in New Jersey?
Grounds for divorce is a term that refers to the legal reason a divorce is being pursued. Understanding the different grounds, and how they might affect your case, can help you make informed decisions as you exit a marriage.
Whether your divorce is cooperative or contentious, an experienced Somerset County family lawyer can help you understand your options, protect your rights, and advocate for a fair outcome.
No-Fault Divorce in New Jersey
New Jersey allows couples to file for no-fault divorce, which means neither spouse is legally blaming the other for the breakdown of the marriage. Instead, the couple claims they have irreconcilable differences that have lasted for at least six months and make reconciliation impossible. Another no-fault ground is separation for at least 18 months, although this is less commonly used.
No-fault divorce is popular because it’s generally faster, more cooperative, and less expensive. In fact, the vast majority of divorces in New Jersey (over 90%) are filed under no-fault grounds. Couples who choose this route often reach agreements on key issues through negotiation or mediation, avoiding the stress and cost of a trial.
In legal terms, grounds for divorce are the specific reasons one spouse gives to the court to justify ending the marriage. These grounds can be either no-fault or fault-based, and each type can impact the tone and complexity of the divorce process.
Fault-Based Grounds for Divorce
Sometimes, a spouse chooses to file for divorce based on specific misconduct. These are called fault-based grounds and include:
- Adultery
- Extreme cruelty (physical or mental abuse)
- Desertion (a spouse leaving the marital home for 12+ months without cause)
- Addiction (to drugs or alcohol for 12+ months)
- Imprisonment (for 18 months or more)
- Deviant sexual behavior
- Institutionalization (due to mental illness for 24+ months)
Filing under fault-based grounds may be necessary when misconduct is relevant to custody, alimony, or property distribution. For example, if one spouse spent large amounts of marital funds on an affair or caused emotional harm to the children, it could impact the outcome of the case.
When emotions run high and misconduct is involved, a divorce can quickly become contentious. In those situations, litigation may be necessary, and fault-based grounds can play a more central role. Having right legal support is essential if a dispute is escalating. Your attorney can guide you through every step of the process.
Have a conversation with a Somerset County family lawyer to learn about what path forward will work best for you and your desired outcome. Many couples in New Jersey are able to negotiate the terms of their divorce privately. When both spouses are willing to work together, the process can be smoother and more respectful.
Are you interested in talking to a professional about the differences between fault and no-fault divorce? Connect with the legal team at the Law Offices of Kisha M. Hebbon, LLC. Attorneys can answer all of your questions about your Somerset, New Brunswick, North Brunswick, Piscataway, Edison, Somerset County or Middlesex County separation or divorce. Schedule a confidential consultation today.
