• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
  • Areas of Practice
    • Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Online Divorce
      • Ocean County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

The Legal Grounds for Divorce in NJ

May 24, 2012 by Vincent DeLuca

In New Jersey, there are 9 grounds for divorce that can be used.  A “ground” for divorce is the reasoning behind why a party filing a Complaint for Divorce is asserting that the couple’s marriage has failed.  The grounds for divorce are split into two categories: fault grounds and no-fault grounds, and are set forth in the divorce statute N.J.S.A. 2A:34-2.

No-Fault Grounds for Divorce in NJ

Divorce CakeNo-fault grounds for divorce don’t assign any fault to the defendant party to the divorce proceeding.  The two grounds for divorce under the no-fault category include irreconcilable differences and separation.  Under the irreconcilable differences ground, the most commonly asserted in New Jersey, differences have come up which have caused the breakdown of the marriage for a period of six months or more and there is no foreseeable prospect of reconciliation between the parties.

Under New Jersey statute governing the valid grounds for divorce, separation requires that the spouses have lived separate and apart in different locations for at least 18 consecutive months and there is no reasonable prospect for reconciliation between the parties.

Fault Grounds for Divorce in NJ

In New Jersey, there are 7 “fault” grounds for divorcing a spouse.  These attribute a specific reason to the failure of the marriage and one party is generally to blame.  The following is an explanation of each fault-based ground for divorce in New Jersey.

  • Adultery – Adultery exists when one spouse rejects the other by entering into a personal intimate relationship with any other person.  The specific sexual acts performed do not matter in this case.
  • Desertion – The defendant party has deserted his or her spouse willfully and for a continued period of 12 months or more.  This ground can be established by proof that the parties have not cohabited as husband and wife for at least twelve months.
  • Extreme cruelty – The plaintiff has suffered physical or mental cruelty which has endangered his or her safety or health, making it improper or unreasonable to expect him or her to continue to cohabit with the defendant spouse.
  • Addiction – The defendant’s suffers from a voluntarily induced addiction or habituation to any narcotic drug as defined by the New Jersey Controlled Dangerous Substances Act, or habitual drunkenness for a period of at least 12 months consecutively after the parties’ marriage and before the filing of the Complaint for Divorce.
  • Institutionalization – The defendant was institutionalized for a mental illness for a period of 24 or more consecutive months after the marriage and before the filing of the Divorce Complaint.
  • Imprisonment – The defendant was imprisoned for 18 or more consecutive months after the marriage.  If the plaintiff filed the Complaint for Divorce after the defendant’s release from imprisonment, it is required that the parties had not resumed cohabitation since his or her release in order to assert this ground.
  • Deviant sexual conduct – This ground involves the defendant engaging in voluntary deviant sexual conduct without the consent of the plaintiff.

The Most Common Reason for Divorce

The ground for divorce of irreconcilable differences was not added to the Divorce Reform Act until 2007 when the law added the following provision as grounds for divorce: “Irreconcilable differences which have caused a breakdown of the marriage for a period of six months and which make it appear that the divorce should be dissolved and that there is no reasonable prospect of reconciliation.”  Irreconcilable differences continues to be the most common ground for divorce used in New Jersey.

Villani & DeLuca – Experience NJ Divorce Lawyers

Are you thinking about filing for divorce in Ocean County or Monmouth County, New Jersey?  You should consult with a divorce attorney to find out how to proceed.  If you have any questions about the divorce process or divorce mediation in New Jersey, please contact Villani & DeLuca today at 732-965-3350.  One of the firm’s experienced New Jersey divorce lawyers will answer all of your questions during a free, no obligation consultation.

Categories: Divorce

Primary Sidebar

Free Consultation

Recent Posts

  • Villani & DeLuca Divorce Attorneys in Toms River
  • Villani & DeLuca P.C. Attorneys at Law, Rings in the New Year Expanding its Divorce & Family Law Practice in Ocean County, New Jersey
  • Divorce Mediation Consultant
  • Divorce in New Jersey- Who Gets the House?
  • Divorce Papers

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Brick Office

Office

186 Mantoloking Rd #1

Brick, NJ 08723

Phone: 732-504-3391

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757