Divorce

1. What Are The Grounds For Divorce In New Jersey?

It is important to know that, with one exception, a Complaint for Divorce cannot be filed in New Jersey, unless one of the spouses has been a resident of New Jersey for at least one year prior to the filing of the Complaint.

As of January 22, 2007, New Jersey now recognizes nine (9) grounds for divorce. Two are considered to be “no-fault” grounds and the other seven involve an allegation of “fault.”

No-Fault Grounds

Irreconcilable Differences
This is the ground that was added in 2007 and is by far the easiest to satisfy. The Complaint must allege that the parties have irreconcilable differences which have caused the breakdown of the marriage for a period of six (6) months and make it appear that the marriage should be dissolved, and that there is no reasonable prospect of reconciliation. Under this new ground, couples can file for a divorce in New Jersey, while continuing to reside together.

Separation
The parties are required to have lived separately in different residences for at least eighteen (18) consecutive months immediately preceding the filing of the Complaint, and there must be no reasonable prospect of reconciliation.

Fault Grounds

Extreme Cruelty
Extreme cruelty includes any physical or mental cruelty which makes it improper or unreasonable to expect one spouse to cohabitate with the other spouse. Although this ground sounds very harsh, it is just a “term of art” that New Jersey courts interpret extremely liberally. Any conduct which, in the view of the complaining spouse, is unacceptable will suffice.

Adultery
New Jersey courts have defined adultery as one spouse’s rejection of the other, by entering into a personal intimate relationship with any other person, regardless of the specific sexual acts performed. If known, the Complaint must state the name of the adulterer (the third person with whom the offending conduct was committed) and a copy of the Complaint must be served on that person.

This is the ground which does not require that one of the spouses has been a resident of New Jersey for at least one year prior to the filing of the Complaint. It is only necessary that one spouse be a New Jersey resident when the Complaint is filed.

Desertion
The willful and continuous desertion of one spouse by the other spouse, such that the parties have ceased to cohabit as husband and wife for at least the twelve (12) consecutive months immediately prior to the filing of the Complaint, constitutes desertion in New Jersey divorce law. It is important to note that the parties may live in the same house, as long as the other party has willfully withheld sexual relations for the requisite time period.

Addiction
Under New Jersey divorce law, addiction constitutes habitual drunkenness or a persistent and substantial dependence on a narcotic or other controlled dangerous substance subsequent to the marriage and for at least the twelve (12) consecutive months immediately prior to the filing of the Complaint.

Institutionalization
This ground requires that a spouse to have been institutionalized for mental illness for a period of twelve (12) or more consecutive months subsequent to the marriage and preceding the filing of the Complaint.

Imprisonment
Imprisonment as a ground for divorce in New Jersey occurs when a spouse has been imprisoned for eighteen or more months after the marriage and the parties have not resumed cohabitation after the imprisonment.

Deviant Sexual Conduct
Deviant sexual conduct is the final ground for divorce in New Jersey. It requires simply that the conduct occurred without the other party’s consent.

2. How Long Does It Take To Get A Divorce In New Jersey?

The process can take at little as two to three months or as much as a year or more.

If there are no disputes, a divorce can be completed quickly. However, if for any reason a couple is unable to reach an agreement, they must wait to have their dispute(s) resolved by a Judge at a trial. 

3. How Much Will It Cost To Get A Divorce In New Jersey?

The cost of a simple uncontested divorce, including filing fees, can be as little as $2,500.00 or less.

Divorce costs are directly affected by the parties. If they are able to cooperate and allow for a free flow of information to be exchanged, the cost will be considerably lower. However, if the situation is filled with conflict, the parties are unable to reach agreements or one of the parties refuses to be reasonable or fails to provide information, the process can become quite costly, although the party that is obstructing the process may be ordered to contribute towards the counsel fees and costs of the other party.

Although it is legal in New Jersey to get a divorce without representation by counsel, it is almost always inadvisable.

If you have been married only a short time, are self-supporting, and have no children, assets or debts, it may seem financially advantageous to "do it yourself.” However, even if you have a simple, uncontested divorce, it is probably wise to consider hiring a law firm that practices exclusively Family Law, because they have the necessary experience to guide you through the process and prepare the necessary paperwork to get you divorced.

Timing can often be crucial in divorce proceedings; an experienced Divorce Law Firm can best advise you when it will make the most sense.

A law firm that practices exclusively Family Law can also help you avoid pitfalls that may cost you money and will represent your best interests in resolving any financial complications that may arise.

If both parties to a divorce case are represented by legal counsel, neither party can later claim that he or she was taken advantage of and thereby undo everything that was done.

There's a lot to know about divorce in New Jersey. Our divorce laws are increasingly complex and even the simplest situation can be very confusing to families already in distress. Actions you take now may very well affect the outcome of your divorce and you need to understand your options ahead of time...not sometime down the road when it may be too late to alter the outcome.

To speak with a New Jersey Divorce Lawyers, call 973-455-1220.