Grounds for Divorce in New Jersey

Going through a divorce can often be a very difficult and emotionally exhausting process for all people involved. In the state of New Jersey, spouses are required to meet certain requirements before the may begin the divorce proceedings. One of the first steps is for them to cite grounds for their divorce. While many people believe divorces only happen if one spouse is “at fault” for the end of the marriage, this is not always the case. In the state of New Jersey, spouses may cite either fault or no-fault grounds for their divorce.

Fault Grounds

When beginning divorce proceedings, spouses can cite fault grounds in order to begin. When a spouse cites fault grounds in a divorce case, it means the other spouse is the reason for the end of their marriage. In the state of New Jersey, there are several grounds to choose from when citing fault grounds. This can include:

  • Adultery
  • Desertion
  • Non-support
  • Impotence
  • Imprisonment of 5 or more years
  • Gross habits of intoxication
  • Cruel and abusive treatment

Many spouses are often unsure about citing fault grounds in a divorce. This is because of the possibility of litigation as well as creating further problems between then and their spouse. When one individual cites fault grounds, the other spouse is able to answer the accusation, possibly leading to more legal issues. It is a common misconception that when a spouse cites fault grounds, it will affect the outcome of the divorce. However, fault grounds typically do not have an impact on the outcome of a spouse’s marital issues in a divorce.

No-Fault Grounds

When no-fault grounds is cited in a divorce, it means neither spouse wishes to hold the other responsible for the end of their marriage. In the event of this, the divorce proceedings may begin and spouses can begin to settle marital issues. No-fault grounds in a divorce is also known as an “Irretrievable Breakdown of Marriage.” This requires spouses to agree on all marital assets before they may file for divorce. These issues may include child custody, child support, parenting time, alimony, and the division of assets. In this case, the couple has the opportunity to decide the method they wish to use to divorce. Different methods consist of mediation, arbitration, collaborative divorce, or private discussions.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact the Law Offices of Haber Silver & Simpson today.

If you require strong legal representation for matters related to divorce or family law, Haber Silver & Simpson is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.