Grounds for Divorce
New Jersey Statute 2A:34-2 - Causes for Divorce from Bond of Matrimony
- In order for a court to grant a divorce, there must be a legitimate reason. The reasons for seeking a divorce that a court will recognize as legitimate are called the grounds for divorce.
- Grounds are the basis or reason why a person asks for a divorce. Only certain grounds for divorce are allowed by state law.
Fault and No Fault Grounds for Divorce
There are two categories of grounds for divorce - fault and no-fault.
- A fault ground places blame on one spouse for the end of the marriage. To get divorced on fault grounds one spouse must prove that the other spouse specifically did something to cause the end of the marriage; for example, having an affair.
- A no-fault ground does not place blame on either spouse for the end of the marriage.
The grounds for divorce in New Jersey are:
- Separation for a period of at least 18 consecutive months
- Adultery
- Willful and continued desertion
- Extreme cruelty
- Drug addiction or habitual drunkenness
- Institutionalization for mental illness
- Imprisonment for 18 months
- Deviant sexual conduct
Separation (no-fault)
A divorce may be based on separation if:
- Husband and wife have lived in different homes for a period of at least 18 consecutive months; and
- There is no reasonable prospect of reconciliation
After the 18-month period it is presumed that there is no reasonable prospect of reconciliation. This is the only “no-fault” ground for divorce in New Jersey, which means no showing of blame or fault is required to end the marriage.
Adultery (fault)
A divorce may be granted based on adultery if:
- The spouse bringing the complaint can prove that adultery was committed.
Rule 5:4-2(b)
A complaint for divorce on adultery grounds must contain the name and address of the other person involved in the extramarital affair. That person, called the co-respondent, becomes a party to the divorce action along with the spouse, and must be served with a copy of the divorce complaint. The co-respondent is permitted to file papers in answer to the divorce complaint.
Willful and Continued Desertion (fault)
A divorce may be granted based on willful and continued desertion if:
- The desertion occurred for at least 12 months; and
- Husband or wife proves that the couple has not lived together at any time during this period.
Extreme Cruelty (fault)
A divorce may be granted based on extreme cruelty if:
A person can show that he or she has suffered physical or mental cruelty that
Endangers his or her health or safety or
Makes it unreasonable to expect the couple to continue to live together.
A husband or wife must wait three months from the last act of alleged cruelty before filing for divorce.
Drug Addiction or Habitual Drunkenness (fault)
A divorce may be granted based on drug addiction if:
Either the husband or wife can show that the other spouse is:
- Voluntarily addicted to any narcotic drug defined in the New Jersey Controlled Dangerous Substances Act
or
- Habitually drunk
The addiction or drunkenness must have lasted for at least 12 consecutive months after the marriage date, and 12 months before the complaint for divorce is filed.
Institutionalization for Mental Illness (fault)
- A divorce may be granted based upon institutionalization for mental illness if either the husband or wife is institutionalized for mental illness for at least 24 consecutive months after the marriage and before the complaint for divorce is filed.
Imprisonment (fault)
- A divorce may be granted based upon imprisonment if either the husband or wife has been imprisoned for at least 18 consecutive months after marriage. If the divorce complaint is filed after the imprisoned spouse is released, the spouse filing for divorce must show that they have not resumed living together.
Deviant Sexual Conduct (fault)
Divorce may be granted for deviant sexual conduct if it was
- Voluntary
and
- Without the other spouse's consent
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