Princeton, New Jersey, Lawyers

Grounds for Divorce in New Jersey
July 16, 2010
Topic: Grounds for Divorce in NJ

 NEW GROUNDS FOR DIVORCE IN NEW JERSEY

This is the opening submission of what I hope will be a useful and informative family law blog on our firm's website. I thought a good place to start is a common misconception that we hear when new clients come into our office seeking a divorce consult. Many people believe that a person may obtain a divorce in New Jersey via an 18-month separation (with parties living in separate households) or by alleging fault grounds, such as extreme cruelty, adultery, or desertion, among others. See N.J.S.A. 2A:34-2.

In January 2007, however, New Jersey enacted "irreconcilable differences" as another no-fault ground for divorce. Under irreconcilable differences, a spouse may bring a divorce action if those differences have caused an irretrievable breakdown of the marriage for at least 6 months pre-filing. In the past, couples who wanted a divorce but were uncomfortable alleging fault grounds against their spouse had to wait for 18-months to fulfill the separation requirement. With irreconcilable differences, either spouse may proceed immediately with a divorce: no waiting, no fault. This is important especially now, given the difficult economic times we face. Many couples seeking a divorce cannot afford to live separately. Two can live more cheaply than one, even during divorce. An 18-month separation divorce requires that parties live in separate households. With irreconcilable differences, a couple may continue to reside together until the divorce is completed.

Irreconcilable differences as a ground for divorce has given amicable partings a better chance as neither spouse must allege specific, harmful acts. Marital fault is no longer necessary to allege, except in the most extreme of cases, such as where financial aspects of the case are affected by that fault. Examples are physical violence leaving one party disabled and gambling away marital assets without the other party's knowledge. "Mere" adultery will not result in excess or diminished alimony, even if it is the reason for the breakdown of the marriage.

Grounds for divorce are one of many issues that must be addressed when contemplating an end to your marriage. There are other important and often complex issues requiring review, which I will address in upcoming blog entries. All of these issues should be managed by an experienced matrimonial attorney, such as the attorneys in our firm. If you have any additional questions or would like to review your options, please contact our office for a consultation toll free at (866) 969-3786, or (609) 751-5557, or write an email inquiry by filling out the form under the "Contact Us" tab, above.

Hanan M. Isaacs, Esq.

Keith B. Hofmann, Esq.

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