Divorce

Grounds for Divorce

There are nine (9) ground for divorce in the State of New Jersey. They are adultery, desertion, extreme cruelty, 18 month separation, irreconcilable differences, drug addiction and habitual drunkenness, institutionalization, imprisonment and deviant sexual behavior.

It does not really matter which ground a party files for divorce under. The Court has the inherent power to convert the Divorce Complaint to conform to the evidence and pleadings at trial. The cause of action one files for may, however, impact on alimony considerations.

IRRECONCILABLE DIFFERENCES:
Irreconcilable Differences, the newest cause of action, has a 6 month waiting period and requires that the differences between the parties is such that it mandates divorce.

NO FAULT:
A No Fault divorce requires that the parties live separate and apart in different places for a period of 18 consecutive months.

DESERTION:
One spouse willfully and continuously deserts the other for 12 or more months. Desertion is established by the parties ceasing to cohabit as husband and wife.

IMPRISONMENT:
A spouse is imprisoned for a period of 18 or more consecutive months subsequent to the marriage and preceding the filing of the Divorce Complaint. The spouses can not have cohabitated after the release.

INSTITUTIONALIZATION:
A spouse is institutionalized for mental illness for a period of 24 or more consecutive months subsequent to the marriage and preceding the filing of the Divorce Complaint.

ADULTERY:
Adultery grounds requires naming as a party the person with whom the spouse is having an adulterous affair. If that person's identity is not known, the filing spouse must identify as specifically as possible that person. The affair must have taken place within the 12 months prior to the Divorce Complaint filing.

EXTREME CRUELTY:
Extreme cruelty is any physical or mental cruelty which endangers the safety or health of the party instituting the action. The basis for granting a divorce is that it is unreasonable to expect the plaintiff to continue to live with the defendant given these circumstances. There is a 3 month waiting period from the last date of cruelty before a divorce may be filed. Extreme cruelty is a broad and nebulous ground for divorce. It can include anything from embarrassing a partner to physical abuse.

DRUG ADDICTION & DRUNKENNESS:
Drug addiction or habitual drunkenness requires a period of 12 consecutive months after the marriage is begun, but before the filing of the divorce. If a spouse goes from a social drinker to a drunkard, the other spouse is entitled to a divorce unless that spouse encourages the drinking. Habitual drunkenness does not mean that your spouse has to be drunk every day.

DEVIANT SEXUAL BEHAVIOR:
Deviant sexual conduct where that conduct is performed voluntarily by the defendant and without the consent of the plaintiff.

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