There are a number of grounds for divorce in NJ. The term “grounds” means the reason why you are asking the Court to grant you a divorce. There are no-fault grounds for divorce in NJ, often called a “no fault divorce.” And there are also fault grounds.
What is a No Fault Divorce in NJ?
New Jersey, like most other states, allow couples to get divorced without requiring one party to “be at fault.” Prior to NJ allowing for no fault divorce, one person would need to prove that the other person was somehow at fault for the divorce – like adultery, abandonment, extreme cruelty, etc.
What are Irreconcilable Differences in NJ divorce cases?
The most common no fault ground for divorce in New Jersey is “irreconcilable differences.” This means that when you file for divorce in NJ, you are telling the Court that irreconcilable differences have caused a breakdown of your marriage, and they lasted for at least six months prior to filing for divorce. If there is no reasonable prospect of reconciliation, then the Court will grant your divorce on the “grounds” of irreconcilable differences.
What is Separation in NJ divorce cases?
Separation is another no fault ground for divorce in New Jersey. Under this ground, the husband and wife must have lived separate and apart in different habitations for a period of at least eighteen months. There also must be no reasonable prospect of reconciliation. A Complaint for Divorce on grounds of separation cannot be filed until after the 18 month period.
Which No-Fault Grounds Should I Choose?
Most people file for divorce for irreconcilable differences. The reason why is pretty simple. During divorce, and the marriage, most couples cannot afford two upkeep two separate residences – one of the requirements of separation. Also, the grounds of irreconcilable differences only requires that the differences last for 6 months – vs. 18 months for separation.