Divorcing in New Jersey entails many options and laws that will affect each situation uniquely. For that reason, it is beneficial to consult with an experienced Bergen County divorce lawyer. One who is a resident of New Jersey for at least a year may file for divorce. The only exception to the 1 year requirement is adultery, in which case, at least one spouse has to be a resident of New Jersey. Under NJ no-fault divorce (or separation) cause of action, both the husband and wife must have lived in different homes for a minimum period of 18 months. There also must not be a reasonable expectation for reconciliation. Below is a brief overview of the fault divorce causes.
If one chooses to file a fault divorce, it must be done so under one of the following causes:
Extreme Cruelty
Extreme cruelty in this situation can be in the form of any mental or physical cruelty. The courts have the ultimate say as far as what would constitute as extreme cruelty.
Adultery
Adultery is defined by the courts when one spouse enters a personal and intimate relationship with any other person. According to New Jersey Court rule 5:4-2, one is required to divulge the name of the individual with whom the affair was committed with. IN the worst case scenario, an ample amount of information must be provided to describe the adulterer.
Desertion
If a spouse is willingly and continuously deserting the other for a year or longer one can use this. In this situation, parties may still live in the same household. The difference between this and no-fault is that they are not living as man and wife. If a relationship is sans sexual relations for 12 months, you may claim desertion.
Addiction
Dependency on a narcotic or other controlled substances, drunkenness that is habitual for a year or more after filing of a complaint are grounds for divorcing under an addiction.
Deviant Sexual Conduct
If a spouse engages in this type of activity without the consent of the other spouse.
Imprisonment
If a spouse has been in imprisonment for more than eighteen months after the marriage, one can file for divorce upon the grounds of imprisonment.
Institutionalization
Falling under institutionalization due to a mental illness for twelve or more consecutive months after marriage and the proceedings of filing of the complaint, then institutionalization is a ground for a divorce.
