Grounds for a New Jersey Divorce

New Jersey Divorce Lawyers | Family Law Attorneys

By: Bari Z. Weinberger, Esq.
Weinberger Law Group, LLC

NJ Grounds for Divorce

In the state of New Jersey, when the initial Complaint for Divorce is filed, the complaint will include the reason for the divorce, known as the “grounds.”  The grounds for divorce recognized by New Jersey are:

• Adultery
• Desertion
• Extreme Cruelty
• Separation
• Voluntary Addiction to Narcotic Drugs
• Habitual Drunkenness
• Institutionalization for Mental Illness
• Imprisonment
• Deviant Sexual Conduct
• Irreconcilable Differences

Couples seeking a divorce in New Jersey have options.  They can file immediately for divorce using a ground such as extreme cruelty, irreconcilable differences or adultery. Alternatively, they can physically separate and live apart for 18 months and thereafter file under the ground of Separation.   

In the first case, the client, with his or her New Jersey family law attorney, determines which ground (or grounds) for divorce is most appropriate. This ground is specifically stated in the Complaint for Divorce.

In the second case, the couple lives apart in different households for an 18-month waiting period. However, it should be noted that maintaining two households after living together in one can add a substantial financial burden to the process of getting a divorce.  

Common Grounds for Divorce

• Irreconcilable Differences

In 2007, New Jersey joined many other states by adding “irreconcilable differences” as a ground for divorce. Using irreconcilable differences allows divorcing couples to begin their legal proceedings in a more civilized manner, without specific accusations that can often result in a more contentious divorce. Irreconcilable differences as a ground for divorce simply means that there has been a breakdown of the marriage and it has lasted at least six months.

• Extreme Cruelty 

A significant number of litigants tend to use "Extreme Cruelty" as their ground for divorce. Despite the harshness of the wording, Extreme Cruelty may very well be one of the mildest grounds that a party could file under. It is really up to the party filing for divorce to itemize what comprises the "cruelty" which they were subject to by their spouse. For instance, Extreme Cruelty could very easily be described by one party as daily physical and verbal abuse by their spouse, along with multiple pages of details included in the Complaint for Divorce. In contrast, Extreme Cruelty could also be used by a filing party if their spouse was not being emotionally supportive for the past several months. The Extreme Cruelty ground for divorce may be as expressive or understated as one would like it to be. However, it must offer enough detail to convince the judge that it would be unreasonable to expect the filing party to continue to live with and remain married to their current spouse

• Separation

Using the ground “separation” is only allowable if the couple has lived apart for at least 18 months.

•  Multiple Grounds for Divorce

Sometimes, more than one ground for divorce is listed in the Complaint for Divorce. While this is allowed, having more than one ground for divorce will not necessarily carry any additional weight with the judge in the case. Only one ground for divorce is necessary for a New Jersey divorce to be granted.

Every divorce case is unique, so it is vital for anyone filing for divorce in New Jersey to be represented by an accomplished NJ Family Law attorney who appreciates the advantages and disadvantages of using certain grounds for divorce.  Only a prominent attorney who specializes in NJ family law has the expertise to guide you towards the most appropriate ground for your situation.  

To learn more about starting the divorce process, divorce documents, or for general questions about divorce in NJ, please contact us.

To Contact Bari Zell Weinberger:
Email: bari@weinbergerlawgroup.com