Grounds for Divorce in New Jersey

When couples go through a divorce, it is usually a difficult and exhausting process. Spouses in the state of New Jersey must meet certain requirements before the divorce proceedings can begin. One of the first steps that must be completed before the proceedings may begin is to cite grounds for the divorce. Many believe that a divorce only occurs if one spouse is “at fault” for the end of the marriage. However, this is not always the case. In the state of New Jersey, spouses can either cite fault or no-fault grounds to begin the divorce.

Fault Grounds

Before the proceedings may begin, spouses have the opportunity to cite fault grounds for their divorce. When a spouse cites fault grounds in their divorce, it means they are holding the other responsible for their marriage ending. In New Jersey, there are many reasons that a spouse may cite fault grounds. This can include:

  • Adultery
  • Abandonment
  • Desertion
  • Incarceration
  • Institutionalization
  • Extreme cruelty

Sometimes, spouses are unsure about whether or not they want to cite fault grounds in a divorce. This can be due to the possibility of litigation and more problems between them and their spouse. When a spouse cites fault grounds, the other spouse is able to answer this accusation. This could create further legal issues. It is commonly misconstrued that when a spouse cites fault grounds, the outcome of the divorce can be affected. However, fault grounds do not usually impact the outcome of a spouse’s marital issues in a divorce.

No-Fault Grounds

When no-fault grounds is cited in a divorce, it means the spouses are not looking to hold one another responsible for the end of their marriage. Grounds for a no-fault divorce may include:

  • Irreconcilable differences for at least 6 months
  • Separation for at least 18 months

Citing no-fault grounds requires both spouses to come to an agreement on the terms of their marital issues. This can include matters such as child custody, child support, parenting time, alimony, and the division of assets. When this happens, the couple has the opportunity to decide the method they wish to use to divorce. Alternative methods may be a mediated divorce or collaborative divorce.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact Paris P. Eliades Law Firm LLC. today.

Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. Contact our firm for a consultation today.