Filing for Divorce in New Jersey

with Bergen County Family Law Attorneys

Divorce cases in New Jersey are classified into two distinct categories: Fault and No-Fault. In order to file for divorce in New Jersey, at least one party must be a resident of the state for at least a year. The only exception to this is when filing divorce on the grounds of adultery, in which case the only requirement is that one of the parties must be a resident of the state.

In New Jersey, there are two grounds considered to be “no-fault” grounds for divorce. The first is based upon the parties being separated for a period of at least eighteen months, during which the parties must live in two separate residences. The second set of grounds is based upon “irreconcilable differences,” and a complaint for divorce based upon these grounds can be filed when a party experiences difficulties or issues in the relationship continuing for a period of six months or longer.

There are eight distinct causes of action for a “fault” divorce in New Jersey, which your Hackensack divorce lawyer can detail in full. Among the two most frequently utilized “fault” grounds for divorce in New Jersey are adultery and extreme cruelty. New Jersey courts have ruled that adultery exists when “one spouse who rejects the other by entering into a personal intimate relationship with any other person, irrespective of the specific sexual acts performed.” Extreme cruelty can include any physical or mental abuse which makes it improper or unreasonable to expect the individual to continue cohabitating with a spouse. New Jersey tends to have a very liberal slant when defining the type of conduct that constitutes extreme cruelty.

If you have concerns about your marital relationship and would like to discuss whether or not you have grounds to file for divorce in New Jersey, please contact a Bergen County divorce attorney, such as the experienced attorneys at Chase and Chase, Esqs., to discuss your legal options.