In your New Jersey divorce complaint, you must give a ground, or reason, why you wish to end your marriage. You can file for divorce either on no-fault grounds or fault grounds. If you file on a fault ground, it means you are claiming that your spouse did something to cause you to seek divorce. In essence, you are blaming your spouse for the breakup of the marriage.
An experienced New Jersey divorce lawyer can counsel you about grounds for filing and what makes the most sense for your individual case after reviewing the details of such, as well as advocating for your rights and interests throughout the divorce process. But before we get ahead of ourselves, let’s look into the different grounds for filing so that you understand what may work best for you.
NO-FAULT GROUNDS FOR DIVORCE IN NEW JERSEY
Most people file on no-fault grounds. When you file for divorce on no-fault grounds you can just say that you and your spouse have irreconcilable differences. To file, one of you must have lived in the state for at least 12 consecutive months before filing, and you have to be sure that you won’t get back together. You can also file on no-fault grounds if you have been separated and living apart for at least 18 months and have no reasonable prospect of reconciling.
Filing on no-fault grounds can make the divorce process less contentious and faster, but that is not always the case. Just because you don’t blame your spouse in the divorce complaint for the breakup of your marriage does not mean it will be all smooth sailing going forward. Disagreements about property division, which can be especially conflict-ridden in high-net-worth divorce, alimony, child custody, and other issues can make your divorce a contested one and lead to disputes between you that can take considerable time to resolve.
FAULT GROUNDS FOR DIVORCING IN NEW JERSEY
Fault grounds for divorce are described in NJSA 2A:34-2 . They include the following:
- Adultery
- Extreme physical or mental cruelty
- Willful and continued desertion for 12 months or more
- Drug or alcohol addiction for at least 12 months
- Institutionalization for mental illness for at least 24 months
- Imprisonment for at least 18 months
- Deviant sexual conduct.
So why would you file on a fault ground if it is almost guaranteed to make the divorce process more stressful, acrimonious, and expensive? There can sometimes be legal or strategic reasons to do so, depending on your specific circumstances, that your attorney can help you understand.
Keep in mind, though, that when you file on fault grounds and your spouse disputes the ground for divorce, which is very likely, you will have to provide evidence to the court to prove the reason. If you have to go to court, the issues in your marriage can become public. So, it may not make sense to file on a fault ground if you can more easily and privately end the marriage by saying you have irreconcilable differences. Like many issues of divorce, it is very case-specific.
Kinds of Evidence That Can Help Prove Fault in Divorce
You must have strong evidence to establish fault in a divorce. Here are possible types of evidence that can be used:
- Photographs and/or video showing your spouse engaged in the behavior you are alleging
- Written communications such as text messages and emails
- Eyewitnesses to infidelity or another specific issue
- Your medical records documenting injuries or police reports showing calls related to domestic abuse.
The evidence you will need if you pursue a fault-based divorce depends on your specific case. Your lawyer will advise you.
TYPES OF DIVORCE IN NEW JERSEY
There are two basic types of divorce in New Jersey: uncontested and contested.
Uncontested Divorce
If you file for divorce on a no-fault basis, you can get an uncontested divorce as long as you and your spouse agree on all the issues, including how to divide assets and debts, child custody and visitation, and so forth. Then you can prepare a settlement agreement for signing by the court. Even if you are in agreement, it benefits both of you to have your respective divorce lawyers review your settlement to ensure that your rights are safeguarded. Your attorneys can also help you negotiate resolution on any issues that you may not initially agree on.
Contested Divorce
Sometimes, no matter how much negotiating takes place, spouses cannot come to agreement on issues. In some cases, there is so much animosity between the parties that even attempting to negotiate a settlement is not a possibility.
If you have filed on a fault ground, your divorce is almost sure to be a contested one, unless your spouse agrees to the ground. In many cases, they will not. But even if they do, your divorce will still be contested if you cannot come to agreement on the other issues, such as asset division and child custody. In the case of a contested divorce, a New Jersey judge will make the decisions on the issues for you.
HAVE QUESTIONS ABOUT FILING GROUNDS AND NAVIGATING THE STEPS OF DIVORCE ?
Reach Out for Guidance from an Experienced New Jersey Attorney Who Will Look Out for You
Divorce is often complicated and confusing. Having the help of an attorney with in-depth knowledge of the nuances of divorce law in the state is essential to favorably navigating the process. At the New Jersey law firm of [MFR} Men’s & Fathers’ Rights Divorce Lawyers, our attorneys focus exclusively in family law and divorce and all of the related issues. We can counsel you about the most beneficial filing grounds based on all the details of your marriage and family situation and begin looking out for your interests even before you file the divorce complaint.
Call (201) 880-9770 today to arrange a time to speak with an experienced divorce lawyer in a confidential consultation.
