What are the Grounds for Divorce in New Jersey?

There are many reasons why a couple may find themselves in a situation of divorce. One couple’s reasoning may be different from that of another couple. That is why when proceedings begin, spouses are required to cite “grounds” for their divorce. This states why they are asking to end their marriage. Once this is done, the proceedings can continue. During this time, it is important to retain the services of an experienced New Jersey divorce attorney for guidance dealing with these matters.

What Grounds Can be Cited?

A common misconception is that there is always at least one spouse “at fault” for the end of a marriage. However, spouses can cite either fault or no-fault grounds as the reason for their divorce. When fault grounds are cited, it means the spouse is looking to hold their partner responsible for causing their relationship to end. This may be due to the following situations:

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

Not all divorce cases occur as a result of fault. In many cases, spouses believe they simply can no longer make the relationship work and it cannot be fixed. In these situations, no-fault grounds can be cited. This may be in the event of:

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

Contested vs. Uncontested Divorce

When couples go through a divorce, they are required to settle their marital issues before it can be official. In situations where the spouses are unable to reach agreements regarding these matters, it is known as a contested divorce. This tends to occur in cases where fault grounds are cited, as these spouses usually disagree with one another. When this happens, the spouses may need to go to court and divorce through litigation. This allows a judge to determine the future of their assets for them.

Spouses who are able to agree to the terms of their divorce can go through an uncontested divorce. This can be seen often in no-fault situations. When this happens, spouses may not need to go through litigation. Instead, they can divorce through alternative methods such as mediation, arbitration, or a collaborative divorce. These processes allow couples to discuss their marital issues through healthy and productive conversations. 

Contact our Firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. 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. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.