Eric J. Aretsky Divorce Law Blog on Lawyers.com

In order to file for divorce in the state of New Jersey, either spouse must first have at least a one-year residency in New Jersey prior to filing. In cases of adultery, however, the requirement is that at least one spouse must be a New Jersey resident.

A divorce may be granted only if one of the eight major grounds for divorce is met. In New Jersey, the most popular causes for divorce are adultery, cruelty and no-fault separation.

Grounds for Divorce in Bergen County and NJ:

1. Adultery

When one spouse enters into a personal intimate relationship with any other person, adultery is committed. The spouse filing for divorce must provide the court as much information about the other person – or “correspondent” – including his or her name or any addition information about the adulterer.
 
2. Extreme Cruelty

Extreme cruelty within a marriage is the behavior of one spouse toward the other that involves physical violence or any acts intended to destroy his or her physical health or mental well-being. 

3. Alcohol or drug addiction or abuse

A divorce may be filed if one spouse is addicted to or abuses alcohol, a narcotic drug or any other controlled substance or experiences habitual intoxication for a period of twelve or more months.

4. Imprisonment or Institutionalization

When a spouse has been imprisoned for eighteen or more months after the marriage, the other spouse has the right to file for divorce based on this reason alone. In addition, if a spouse is institutionalized for a mental illness for over two years, his or her husband or wife may file for divorce.

5. Desertion

Desertion is when one spouse willfully deserts his or her spouse for a period of twelve or more months. This ground is met when both spouses prove they have stopped cohabiting as husband and wife.

6. Separation

The separation ground is met when a couple lives separate for a period of at least 18 consecutive months.

7. Irreconcilable Differences

The newest ground for divorce in New Jersey states that couples who have irreconcilable differences - which have caused the breakdown of their marriage for six or more months - may file for divorce. 

8. Deviant Sexual Conduct

This ground is met if one spouse engages in deviant sexual conduct without the consent of the other spouse.

In New Jersey, every divorce case filed within the state must declare the specific grounds in which the divorce is to be granted upon.  It’s important when you are involved in a divorce case that you completely understand the grounds for divorce and any possible legal consequences.

This article has been provided by Aretsky & Aretsky, (201) 445-5856, Bergen County Divorce Lawyers.