Common Grounds for Divorce in NJ

No-Fault Divorce Cause of Action

To qualify for the separation no-fault ground for divorce, the spouses must have lived in separate households for at least eighteen consecutive months prior to filing for a NJ divorce. Additionally, there cannot be any reasonable expectation of reconciliation.

Extreme Cruelty Cause of Action

Extreme cruelty consists of any mental or physical cruelty that would make it unreasonable to expect another individual to cohabit with their spouse. The definition of extreme cruelty in legal terms does not necessarily mean that the spouse was excessively cruel. The New Jersey courts are very liberal as to the type of conduct that constitutes extreme cruelty.

Adultery

According to the New Jersey court system, adultery exists when one spouse is rejected and the other spouse has an intimate personal relationship with a person outside of the marriage, whether or not that includes a sexual relationship. In order to use the adultery cause, the person outside of the marriage who was involved (the correspondent) must be named. If the name is not known, all known information must be provided.

Proceeding with a NJ Divorce

The Superior Court of New Jersey has jurisdiction over all divorce cases. When a divorce complaint is filed in the plaintiff’s county of residence during the marriage, the case is initiated. According to New Jersey law, the divorce complaint must contain the basic facts that form the basis for the petition, as well as the addresses of the parties, and the address and date of birth of any children that are a product of the marriage. Specific types of divorce may require additional information, e.g., when adultery is alleged, the pleading must name the correspondent (adulterer).

Included with the filing of the complaint is the filing fee. If children are involved, the parties also need to pay to attend a parenting education seminar before the court may begin processing the divorce in NJ by contacting the defendant in the case.

House Call Attorneys have extensive experience with cases of divorce in NJ, whether the parties choose to proceed with a divorce through divorce mediation or traditional divorce litigation. If you are looking for a divorce lawyer in New Jersey, please call (973) 459-5923 to schedule an appointment, or contact us online.