There are two main types of divorce available for spouses in New Jersey. The state allows for both no-fault divorces and fault-based divorces.
There are benefits and downsides to each option, and the party who chooses to file for divorce may need to consider the situation carefully to determine which option is best for them.
What are the grounds for fault-based divorce?
In a fault-based divorce case, one spouse asserts in family court that the other did something to permanently damage the marital relationship. The fault-based grounds for divorce recognized in New Jersey include:
- Desertion or abandonment lasting 12 months
- Extreme cruelty, including both emotional and physical abuse
- Adultery
- Drug addiction or habitual drunkenness
- Involuntary hospitalization for a mental health issue lasting 24 months or longer
- Imprisonment for 18 months or longer
- Deviant sexual conduct on the part of one spouse
No-fault divorce is simpler, as no evidence is necessary. The filing spouse only needs to claim in court that irreconcilable differences have damaged the marital dynamic past the point of no return.
In many cases, even those who have clear proof of qualifying circumstances choose a no-fault divorce. Doing something may allow for a faster overall divorce process and therefore lower total divorce expenses. It may also be easier to convince a spouse to work cooperatively for an uncontested divorce in a no-fault scenario as opposed to a fault-based divorce filing.
Reviewing marital circumstances and learning about state law can help people as they prepare for an upcoming divorce. Having early and experienced legal support can help find the right type of divorce and manage the paperwork required to initiate divorce proceedings.
