Citing Grounds for Divorce in New Jersey

Divorce proceedings can often become very complex and difficult for all involved. In the state of New Jersey, spouses must meet certain requirements in order to begin the divorce proceedings. One of the first things they must do before the proceedings begin cite grounds for their divorce. While many believe divorces only take place if a spouse is “at fault” for the end of the marriage, this is not always the case. In the state of New Jersey, spouses have the opportunity to cite either fault or no-fault grounds to begin their divorce.

Fault Grounds

While divorce proceedings begin, spouses can cite fault grounds. When a spouse cites fault grounds in a divorce case, it means one spouse is holding the other responsible for the end of their marriage. In the state of New Jersey, there are several reasons to cite fault grounds. This can include:

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

Spouses are sometimes unsure about citing fault grounds in a divorce. This is due to the possibility of litigation as well as creating more problems with their spouse. When one spouse cites fault grounds, the other spouse is able to answer the accusation. This could possibly lead 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 usually 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. Grounds for a no-fault divorce may include:

  • Irreconcilable differences for at least 6 months
  • Separation for at least 18 months

In the event of this, the divorce proceedings may begin and spouses can begin to settle marital issues. This requires spouses to agree on the terms of these issues before they file for divorce. Issues at hand 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 Ross & Calandrillo, LLC. today.

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a free consultation.