Grounds for Divorce in New Jersey: What You Should Know

Going through a divorce can be an emotionally charged and legally complex process. If you’re considering filing for divorce, one of the first things you’ll need to understand is the concept of “grounds for divorce.” In New Jersey, the grounds you cite for ending your marriage can impact many vital aspects of the legal proceedings, even if the final outcome—dissolution of the marriage—remains the same.

Here’s what you should know about the legal grounds for divorce in New Jersey. For help with divorce in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro to speak with an experienced and dedicated Union divorce lawyer.

Fault vs. No-Fault Divorce in New Jersey

New Jersey recognizes both fault-based and no-fault grounds for divorce. A no-fault divorce is generally simpler and less contentious. You don’t have to prove that your spouse did anything wrong; you only need to show that the marriage has broken down beyond repair. There are two primary no-fault grounds in New Jersey:

1. Irreconcilable Differences – This is the most common ground used today. To file under irreconcilable differences, you must show that you and your spouse have had irreconcilable differences for at least six months, and there is no reasonable prospect of reconciliation.
2. Separation for 18 Months – You can also file for no-fault divorce if you and your spouse have lived apart for at least 18 consecutive months with no reasonable expectation of reconciling.

No-fault divorces tend to be more private and less adversarial, which often makes the legal process faster and less costly. In some cases, however, one spouse may choose to file for divorce on fault-based grounds, which means accusing the other spouse of misconduct that led to the breakdown of the marriage. New Jersey law recognizes the following fault-based grounds:

• Adultery
• Desertion (for at least 12 months)
• Extreme cruelty (physical or mental abuse)
• Drug or alcohol addiction (habitual intoxication or drug use for at least 12 months)
• Imprisonment (for 18 months or more after the marriage began)
• Institutionalization for mental illness (for at least 24 consecutive months)
• Deviant sexual conduct (performed without the other spouse’s consent)

Fault-based divorce can be more emotionally taxing and time-consuming because it requires proving the allegations in court. However, some people choose this path when seeking leverage in issues such as alimony or custody—though it’s important to note that fault does not always have a significant impact on the financial or custodial outcome.

When Do Grounds for Divorce Affect the Outcome?

In many cases, the grounds for divorce don’t drastically change the division of property, alimony, or custody decisions. New Jersey courts aim to reach fair resolutions by dividing marital property based on the principle of equitable distribution and making custody decisions in the best interests of any children involved.

However, certain behaviors—like hiding assets, domestic violence, or financial abuse—can affect how the court decides key issues. A fault-based divorce may also affect a judge’s view on alimony or parental fitness.

Choosing the Right Grounds: Legal Strategy Matters

Before you decide which grounds to cite in your divorce filing, it’s wise to consult an experienced New Jersey family law attorney. At the Law Offices of John B. D’Alessandro, we take the time to understand your unique situation and advise you on the best legal strategy to protect your rights and goals—whether that means pursuing a no-fault divorce or asserting fault-based claims.

Speak With a Knowledgeable New Jersey Divorce Attorney Today

If you’re considering divorce or have questions about which grounds apply to your case, we’re here to help. The Law Offices of John B. D’Alessandro serves clients in Union, Essex, and Middlesex counties, providing compassionate guidance and strong legal representation in all types of family law matters.

Contact us today to schedule a confidential consultation and take the first step toward a more secure future.