Understanding Grounds for Divorce in New Jersey: Insights from an NJ Divorce Attorney
Navigating the complexities of divorce can be challenging, especially when it comes to understanding the legal grounds for ending a marriage in New Jersey. Whether you're considering filing for divorce or are in the midst of one, knowing the grounds can significantly influence the process and outcome. Here, a seasoned divorce attorney in NJ provides a comprehensive overview to help you understand your options and prepare effectively.
No-Fault Divorce in New Jersey
New Jersey allows for a relatively straightforward no-fault divorce option, which can be less contentious and more private than fault-based divorces.
Irreconcilable Differences: This is the most commonly cited ground for no-fault divorce. It requires that the couple has experienced irreconcilable differences for at least six months. This ground suggests that there is no reasonable prospect of reconciliation, making it a preferred choice for many seeking a smooth divorce process.
Separation: If you and your spouse have lived apart for at least 18 months and there is no hope of getting back together, you can file for divorce based on separation. This ground emphasizes the physical and emotional distance that has developed over time.
Fault-Based Divorce: When It's More Than Just Differences
While no-fault divorces are popular due to their simplicity and lower emotional toll, some situations necessitate filing for a fault-based divorce. Here are the recognized fault grounds in New Jersey:
Adultery: Discovering that your spouse has engaged in an extramarital affair can be devastating and is a legal ground for divorce.
Extreme Cruelty: This includes any physical or mental cruelty that endangers the safety or well-being of the plaintiff, making it unreasonable to continue living together.
Desertion: If your spouse has abandoned you for a continuous period of at least 12 months, this ground can be cited in your divorce proceedings.
Addiction: A habitual addiction to drugs or alcohol lasting for 12 or more consecutive months can also serve as a ground for divorce.
Institutionalization: If your spouse has been institutionalized for mental illness for 24 or more consecutive months, this can be a valid reason for ending the marriage.
Imprisonment: If your spouse has been imprisoned for 18 or more consecutive months after your marriage, and you have not cohabited after their release, you can file for divorce on this ground.
Deviant Sexual Conduct: Engaging in non-consensual sexual conduct is also a recognized ground for divorce.
Choosing the Right Ground for Your Divorce
Selecting the appropriate ground for divorce is crucial and can impact the legal proceedings and your future. While no-fault grounds typically allow for a more amicable separation, fault grounds might be necessary in cases involving wrongdoing that could affect alimony, asset division, or child custody arrangements.
Why Consult a Divorce Attorney in NJ?
Filing for divorce involves intricate legal procedures and emotional challenges. Consulting with a knowledgeable divorce attorney in NJ can provide you with the necessary legal guidance and support. An experienced attorney will help you understand the implications of each ground for divorce, assist in gathering required evidence, and represent your interests throughout the process.
Whether you're leaning towards a no-fault divorce due to irreconcilable differences or considering a fault-based divorce due to more severe issues, a divorce attorney in NJ can help ensure that your rights are protected and the process runs as smoothly as possible. Remember, the choice of grounds and how you handle your divorce can significantly affect your life post-divorce, making it essential to approach this decision with care and informed legal advice.
Contact Us Today
The Law Office of Steven H. Wolff guides you through the divorce process, from filing to final judgment, including child custody and asset division. Contact us for compassionate, professional help.
Disclaimer
Please note that the information provided in our blog posts is for general informational and educational purposes only. These articles are not intended to be a substitute for professional legal advice. Each legal situation is unique and complex, and the general information provided here may not be applicable in all cases or reflect the most current legal developments.
We strongly advise that you consult with a qualified attorney who can provide advice tailored to your specific circumstances and needs. Relying solely on the information presented in these blog posts without seeking professional legal advice is not recommended and could lead to unintended legal consequences.
Remember, the law is constantly evolving and varies by location, and therefore the specifics of your situation need to be discussed with a legal professional who is licensed to practice in your jurisdiction.
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