What Are Grounds for Divorce in New Jersey?

All divorce cases are different from one another. This is because all marriages are different. The reason as to why a couple may wish to separate can vary. It is because of this that this must be stated at the beginning of the proceedings. This is known as citing grounds for divorce. Once this is done, the proceedings can move on. During this time, it is important to retain the services of an experienced New Jersey divorce attorney for guidance. 

What Grounds Can be Cited?

Often times, people believe that there is always someone “at fault” when a divorce happens. However, this is not always the case. Sometimes, marriages can simply break down and spouses believe they can no longer be fixed. When this happens, no-fault grounds can be cited. In these cases, neither spouse is looking to hold the other responsible for the divorce. This may be in the event of:

  • Irreconcilable differences for at least six months
  • Separation for at least 18 months 

On the other hand, spouses can cite fault grounds when they do want to hold their partner responsible. Actions that may constitute fault grounds in New Jersey can include:

  • Adultery
  • Abandonment
  • Desertion
  • Institutionalization
  • Incarceration
  • Extreme cruelty

Contested vs. Uncontested Divorce

Spouses going through a divorce are required to settle their marital issues. If they are unable to agree regarding these decisions, they are going through a contested divorce. This is often the case in fault grounds cases, as spouses usually have trouble agreeing with one another. In these situations, they may need to go to court to go through litigation. This allows a judge to settle their marital assets for them.

When spouses can agree to the terms of their divorce, it is known as an uncontested divorce. This can be seen in situations of no-fault grounds, as these spouses may be able to communicate better. It is because of this that they may not need to go through litigation. Instead, they can participate in alternative methods such as mediation, arbitration, or collaborative divorce to discuss their marital issues in a productive way.

Contact our Firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello 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.