Does New Jersey Have At-Fault Divorce?

Question from Bud, Does New Jersey Have At-Fault Divorce?

Answer from AI:

In the realm of family law, divorce proceedings can vary significantly from one jurisdiction to another. Understanding the specifics of divorce laws within a particular state, such as New Jersey, is crucial for individuals contemplating or navigating through the dissolution of marriage. This includes grasping the concepts of “at-fault” and “no-fault” divorce, which are pivotal in how divorce cases are initiated and resolved.

Understanding Divorce Laws in New Jersey

New Jersey law accommodates both no-fault and at-fault grounds for divorce. This means that individuals seeking a divorce in New Jersey have the option to file under either category, depending on their circumstances and preferences.

No-Fault Divorce in New Jersey

A no-fault divorce is one where the filing spouse does not need to prove that the other spouse did something wrong to cause the breakdown of the marriage. In New Jersey, no-fault grounds include:

• Irreconcilable differences: This ground implies that the marriage has broken down for at least six months and there is no reasonable prospect of reconciliation.
• Separation: Living apart for at least 18 consecutive months, with no reasonable prospect of reconciliation, also qualifies for a no-fault divorce.

At-Fault Divorce in New Jersey

In contrast, an at-fault divorce requires the petitioner to prove that their spouse’s misconduct led to the demise of the marriage. New Jersey recognizes several at-fault grounds, including but not limited to:

• Adultery
• Desertion (for at least 12 months)
• Extreme cruelty, which can encompass physical or mental cruelty that endangers the safety or health of the plaintiff or makes it unreasonable to expect the plaintiff to continue living with the defendant
• Addiction to narcotics or habitual drunkenness for at least 12 months
• Institutionalization for mental illness for at least 24 months
• Imprisonment of the spouse for 18 or more consecutive months after marriage, with no cohabitation after the spouse’s release
• Deviant sexual conduct without the consent of the plaintiff

Choosing Between No-Fault and At-Fault Divorce

The choice between filing for a no-fault or an at-fault divorce in New Jersey depends on various factors, including the specifics of the marital breakdown, the potential for settlement negotiations, and personal preferences regarding privacy and court involvement. Here are some considerations:

• Proof and Privacy: At-fault divorces require proof of wrongdoing, which might involve airing private matters publicly in court. No-fault divorces, on the other hand, can be more private and less contentious.
• Impact on Divorce Proceedings: While at-fault grounds can influence aspects of the divorce such as alimony and asset distribution, the primary focus in New Jersey divorces is often on equitable distribution and the best interests of any children involved, regardless of fault.
• Time and Cost: At-fault divorces can be more time-consuming and expensive due to the need for evidence and potentially prolonged court battles.

Consulting a Legal Professional

Given the complexities involved in choosing the appropriate grounds for divorce and navigating the legal process, consulting with a qualified family law attorney is highly recommended. An attorney can provide personalized advice based on the specifics of your situation and help you understand the potential outcomes of your case.

For more information on divorce laws in New Jersey, you can visit the New Jersey Courts Self-Help Center.

Remember, this information is intended to provide a general overview and should not be considered as legal advice. Each divorce case is unique, and legal counsel can offer the most appropriate guidance for your circumstances.