Grounds for Divorce:What You Should Know
In New Jersey, courts require that people cite “grounds for divorce” when filing. It is not enough simply to end your marriage. There must be a reason. Several reasons are legally allowed, including these most common reasons:
The parties have experienced irreconcilable differences that have caused a breakdown of the marriage for a period of six months or more.
Adultery is grounds for divorce in New Jersey. Under the law, circumstantial evidence is enough. The spouse filing for divorce must only show proof of the inclination, opportunity and ability to commit adultery. Actual adulterous conduct does not need to be shown.
Sometimes called “no fault divorce,” marital separation can be used as grounds for divorce when the spouses have lived apart for at least 18 months before filing.
There are other grounds for divorce, too. These include extreme cruelty, desertion, habitual drunkenness or drug use, imprisonment, institutionalization or deviant sexual behavior. If you are not sure which grounds for divorce applies in your situation, the best way to gain insight is to talk with your attorney.
Issues to Consider in a New Jersey Divorce
Child support payments:
In New Jersey, child support is often determined according to a series of guidelines. The guidelines take into account the custodial and noncustodial parent’s incomes, as well as the time each parent has with the child. High-wage-earner matters, on the other hand, require considerations beyond the guidelines.
The parties can agree that, or a court can order, one party to be responsible for the payment of a portion of the other’s counsel fees.