When an individual decides to end their marriage they have likely reached that conclusion after months or years of arguments, stress, and unhappiness. Most people want to terminate the relationship and move on with their lives as quickly as possible. In some states, a required separation period makes that more challenging. Continue reading and contact a Union County legal separation attorney to discover how long you have to be separated from your spouse to get divorced in New Jersey.
How Do I Get a Divorce in NJ?
Filing for divorce is not an overly complicated process but there are many steps and requirements that must be met. First, you need to determine whether you are filing for a fault or no-fault divorce.
In a fault-based divorce, you are petitioning the court for a termination of your marriage based on your spouse’s behavior or actions. You will need to provide the court with proof of the reasons why you are filing. Grounds in an NJ fault-based divorce can include the following.
- Adultery
- Extreme cruelty
- Incarceration
- Institutionalization
- Abandonment
- Drug or alcohol addiction
You can also file for a no-fault divorce where you do not have to prove any untoward behavior. No-fault grounds are generally:
- Separation
- Irreconcilable differences/irretrievable breakdown of the marriage
Depending on the grounds you file under you may have to meet certain criteria. A divorce attorney can help you understand your obligations during this time.
Does New Jersey Have Requirements of How Long a Couple Must Be Separated to Get Divorced?
Contrary to popular belief, New Jersey does not require any legal separation before a couple can get a divorce. Many states do require spouses to live apart for anywhere from 60 days to 18 months. There is no recognized legal separation in New Jersey so generally the divorce process can begin as soon as the official complaint is filed.
Where people tend to get confused is when considering the time requirements for certain divorce grounds. The following are some divorce grounds that require a time period to expire before filing for divorce.
Separation: To file for divorce on the basis of separation the couple must have been separated and living apart for at least 18 months.
Irretrievable breakdown: This no-fault ground requires that the marital relationship have been broken for 6 months or more before filing.
Abandonment: If you file for a fault-based divorce on the grounds that your partner abandoned you they must have resided outside of the marital home for at least one year.
Besides these grounds, you can file for divorce at any time and begin the process. Some states require a waiting period where the divorce cannot be finalized until the time has expired, but New Jersey does not. Once the initial petition is filed the divorce can be finalized at any time, given the key issues have been resolved.
Contact an experienced divorce attorney to learn more about the requirements you must meet before filing for divorce and to obtain skilled representation during your case.