Grounds for Divorce in New Jersey

“Grounds for divorce” are the legal reasons for a divorce. In New Jersey, there are eight grounds or causes to file for divorce. The three most popular grounds are no-fault separation, extreme cruelty, and adultery. New Jersey permits an “irreconcilable differences” type of no-fault divorce as well as fault divorces.

No-Fault Divorce Cause of Action:

To qualify for a no-fault divorce, both the husband and wife must have lived separately in different houses (not only different rooms) for a period of at least eighteen consecutive months. There also must be no reasonable expectation of reconciliation.

Fault Grounds for Divorce:

The other lawful grounds (fault grounds) for obtaining a divorce are:

  • Irreconcilable differences that have caused the breakdown of the marriage for a period of six months and where there is no prospect for reconciliation
  • Adultery
  • Willful and continued desertion for the term of 12 or more months
  • Cruelty leading to mental or physical harm
  • Separation, where the parties have lived separately for 18 months or more consecutive months and there is no reasonable prospect of reconciliation
  • Voluntarily induced addiction or habituation to narcotic drugs
  • Institutionalization for mental illness for a period of 24 or more consecutive months after marriage and before filing for divorce
  • Imprisonment for 18 or more consecutive months after marriage, except where the spouses have resumed living together after release from prison and the divorce action is not started until after release from prison
  • Deviant sexual conduct voluntarily performed by one of the spouses without the consent of the other