When you feel that your marriage has run its course and you need to put an end to the relationship your next natural step will be looking into how to file for divorce. While divorce is a valid option for many individuals who want to dissolve their marriage, it is important to keep in mind that certain legal requirements must be met before you can file an official complaint. To obtain skilled representation and legal advice during this difficult time, contact an experienced Union County divorce attorney today.
What Are the Legal Requirements for Divorce in NJ?
There are generally two legal requirements that must be met in order for you to obtain a divorce in New Jersey. To successfully file for divorce in NJ you must meet the residency requirements and present a legally valid reason for the separation.
What Are New Jersey’s Residency Requirements for Divorce?
New Jersey enforces residency requirements before an individual is able to file for divorce to ensure that those using the state’s courts and resources are residents. To be considered legally allowed to file for divorce in NJ you or your spouse must be a resident of the state for at least one year immediately prior to filing.
However, there is an exception to this rule. If you are filing for divorce on the grounds of adultery, you can file in New Jersey as long as you or your spouse are a resident for any amount of time immediately prior to filing. Even if you have not lived in the state for a full year you can still file for divorce, given that the reason is cheating.
What Are the Legally Acceptable Grounds for Divorce?
In addition to the residency requirement, you must provide evidence of a valid reason for the termination of your marriage. There are many grounds accepted by New Jersey state law including both fault-based and no-fault reasons.
In a no-fault divorce, the grounds are generally irreconcilable differences. To be able to file under this ground you must demonstrate that you and/or your spouse lived in NJ for 12 consecutive months before filing, that you have experienced irreconcilable differences for at least 6 months, and that these differences have made you certain that there is no chance for reconciliation.
You can also file for divorce based on separation in New Jersey. If you and your spouse were having problems you may have decided to separate on your own. If you have been living apart from each other for at least 18 months then this is a valid reason to file for divorce.
There are also fault-based grounds for divorce. These are based on one spouse’s actions and behavior that led to the marriage failing. Fault-based reasons can include the following.
- Extreme cruelty
- Adultery
- Institutionalization
- Incarceration
- Abandonment
- Drug or alcohol addiction
- Deviant sexual conduct
If you can prove any of the above you have valid grounds for divorce. The process can be complex so reach out to an experienced lawyer today for more information and legal advice.
