Divorce

In the state of New Jersey, married people must provide grounds for divorce, known as the complaint. There are currently seven legal reasons for divorce.

They are:
– Live separate and apart for a period of at least 18 months with no reasonable prospect of reconciliation. This is commonly referred to as a “no fault divorce.” (The 18-month time period has to occur prior to the filing of the complaint for divorce.)
– Extreme cruelty. This could be physical and or mental cruelty. This is a subjective test which requires the complaining spouse to find it unreasonable and improper to continue co-habitation with the spouse.
– Adultery. This no longer needs to be proved and can be shown by circumstantial evidence. All that needs to be shown is the inclination to commit adultery, the opportunity and the ability.
– Desertion. Requires a spouse to move out of the marital home against the other spouse’s wishes for a period of 12 consecutive months. (The 12 month time period has to occur prior to the filing of the complaint for divorce.)
– Constructive desertion. This requires a spouse to actually desert a spouse against their wishes for a period of 12 consecutive months. (The 12 month period has to occur prior to the filing of the complaint for divorce.)
– Habitual drunkenness or drug use. This requires a person to be habitually drunk or addicted to drugs for a period of one year. (The one year time period has to occur prior to the filing of the complaint for divorce.)
– Imprisonment. This requires the spouse to be in prison for a period of 18 consecutive months. (The 18 month time period has to occur prior to the filing of the complaint for divorce.) A party is allowed to divorce based on these grounds even if the person was released from prison prior to the filing of the complaint as long as co-habitation has not resumed.
– Institutionalization. This is defined as a person being institutionalized for a period of 22 years. (The 22 year time period has to occur prior to the filing of the complaint for divorce.)
– Deviant sexual behavior. This requires a spouse to have committed deviant sexual acts against the complaining spouse.

The process of divorce is a patient process. There is discovery to be exchanged and mediation sessions that are court ordered.  We pride ourselves on communicating with you throughout the process to assure you know what is going on.  We fight for our client’s rights and we protect the assets they are entitled to.

If you are thinking about filing for divorce or you have been served with divorce papers give us a call today.

Our consultations are free 732-377-2005.