Hundreds of thousands of couples get divorced each year. The reasons why will vary depending on the circumstances of the relationship. When filing for divorce in New Jersey, certain grounds are viewed as acceptable reasons for a fault-based divorce. Continue reading for more information on the grounds for divorce, and reach out to a skilled Union County divorce attorney for representation and advice.
Is NJ a No-Fault Divorce State?
In a no-fault divorce state, a spouse can file for divorce without a “valid” reason or grounds to do so. They can state that there are irreconcilable differences and that the marriage has been broken beyond repair for six months or more. The filing spouse does not have to prove any wrongdoings on behalf of the other spouse and the other spouse cannot object to the divorce.
New Jersey is not a no-fault divorce state. NJ is a mixed state, meaning that state law does recognize no-fault divorces, but a court will also grant a fault-based divorce depending on whether or not the couple’s situation meets the requirements.
A fault-based divorce is one where the filing spouse must claim and prove that some misconduct or unfavorable behavior from their spouse is the leading cause of the divorce. Certain circumstances are valid reasons, known as grounds for divorce.
What is a Complaint for Divorce?
To file a no-fault or fault-based divorce, the first document that a filing spouse will have to fill out is a Complaint for Divorce. This form details your request for divorce and includes various factors including your wishes for the court’s ruling on conditions such as child custody or alimony.
Also included in the Complaint for Divorce is a section for grounds for divorce. If you are filing for a no-fault divorce, you can claim separation or an irreparable breakdown of the marriage. If you are filing for a fault-based divorce this is where you would include the misbehavior of your spouse, referencing one or more of the following grounds.
What Grounds Are Available in an NJ Divorce?
New Jersey state law includes several reasonable grounds for divorce that can be considered valid. If you can prove one or more of these in a court of law, you may be granted a fault-based divorce. Some reasons you may choose to divorce your spouse and file a fault-based divorce can include:
- Adultery
- Abandonment
- Cruelty
- Imprisonment
- Drug or alcohol addiction
- Mental illness
- Deviant sexual conduct
Any of the above can qualify a spouse to file for a fault-based divorce. The main factors are that each of the above violates the marriage agreement or puts the other spouse in danger. In general, the above occurrences must have not been known to the spouse before the marriage, for example, if a severe mental illness developed two years into the marriage and caused the spouse to be institutionalized for three years. Everyone deserves to feel safe and loved in their home, so if any of the above grounds are true, a spouse should not have to stay in an unhappy or unsafe marriage.
