There are many reasons why spouses decide to terminate their marriage and various grounds that an individual can file under. While many states require a period of separation before a couple can file for divorce, New Jersey does not have this stipulation. For representation and legal advice, contact a Bergen County divorce lawyer today.
Does New Jersey Require a Period of Separation Before Divorce?
No, the state of New Jersey does not require that couples endure a period of separation before they can file for divorce. While certain grounds do have different criteria that couples must meet before they can file under them, in general, a spouse can submit a petition for divorce at any time.
It is important to note that separation can be used as a valid reason to file for divorce, but it is completely voluntary for each spouse.
What is a Fault-Based vs No-Fault Divorce?
If you are considering filing for divorce the first thing you must consider is what type of divorce you want, fault-based or no-fault. A fault-based divorce is one where the filing spouse blames their partner for the downfall of the marriage. The grounds they file under involve some sort of wrongdoing on the part of their spouse which caused the relationship to deteriorate.
Spouses can also choose to file a no-fault divorce, where neither party is required to blame the other or prove bad behavior. These are filed when the relationship simply did not work out, the pair grew apart, or they want different things.
What Are the Grounds for Divorce?
The grounds, or the reasons for the termination of your marriage, vary depending on whether you are filing for a fault-based or no-fault divorce. In a no-fault divorce, grounds are generally irreconcilable differences. To file for a no-fault divorce on the grounds of irreconcilable differences you must be able to prove that you have experienced these differences for at least 6 months and that they are the reason you want to dissolve the marriage. You can also file based on a separation if you and your spouse lived apart for 18 months.
When filing for a fault-based divorce, you can do so on the grounds that any of the following applies to your spouse and marriage.
- Extreme cruelty
- Adultery
- Abandonment
- Institutionalization
- Incarceration
- Substance addiction
- Deviant sexual conduct
Are Any NJ Divorce Grounds Time Contingent?
While New Jersey state law does not require a period of separation, as shown here some divorce grounds must meet time-based criteria.
- Irreconcilable differences: 6 months
- Separation: 18 months
- Abandonment: 12 months
- Addiction: 12 months
- Institutionalization: 24 months
- Incarceration: 18 months
To file based on any of the above you must be able to prove that the grounds occurred for at least the associated minimum period. However, all others can be filed at any time. To start the process of filing for divorce reach out to an experienced attorney today.
