In the State of New Jersey there are currently nine (9) reasons that a party can obtain a divorce. They are as follows:
- Irreconcilable Differences: The parties have experienced irreconcilable differences which have caused a breakdown of the marriage for a period of six months.
- Separation: Live separate and apart for a period of at least 18 months, prior to the filing of the complaint, with no reasonable prospect of resolution. This is sometimes referred to as No Fault Divorce.
- Extreme cruelty: This can be both physical, mental, or verbal cruelty. Courts seek to determine whether a spouse under such circumstances would find it unreasonable and improper to continue living together.
- Adultery: Actual adulterous conduct does not need to be proven. Circumstantial evidence is sufficient. All that needs to be shown is the inclination, opportunity, and ability to commit adultery.
- Desertion: may be established by proving that a spouse moved out of the marital home against the other spouse's wishes for a period of 12 consecutive months, prior to the filing of the complaint.
- Habitual drunkenness or drug use: A spouse must be habitually drunk or addicted to drugs for a period of twelve consecutive months, prior to filing the complaint.
- Imprisonment: The spouse must be in prison for a period of 18 consecutive months, prior to filing the complaint. Even if the imprisoned spouse was released prior to filing the complaint, this can still be a ground for divorce, as long as cohabitation has not resumed.
- Institutionalization: Institutionalization for a period of 24 or more consecutive month, prior to filing the complaint.
- Deviant sexual behavior: Requires a spouse to have committed deviant sexual acts against the complaining spouse.
In New Jersey, determining the alimony, equitable distribution, custody, child support, or counsel fees are not necessarily related to the grounds for divorce alleged in the complaint.
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