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Desmond Law P.A.

Washington Township Divorce Attorney

In New Jersey, divorce can be granted on both no-fault and fault-based grounds. The grounds for divorce provide the legal basis for ending a marriage. Here are the various grounds for divorce in New Jersey that Desmond Law P.A., located in the Washington Township area, can explain to you.  

1. No-Fault Grounds: No-fault divorce means that neither spouse is required to prove that the other did something wrong to cause the marriage to fail. In New Jersey, there are two primary no-fault grounds for divorce:

  • Irreconcilable Differences: This is the most common no-fault ground for divorce in New Jersey. It essentially means that the couple has experienced ongoing marital problems that have led to the irretrievable breakdown of the marriage. If both spouses agree that their marriage has irretrievably broken down and they have lived separately for at least 18 consecutive months, this can be a basis for a no-fault divorce.

  • Separation: If a couple has been living separate and apart for at least 18 consecutive months, they may also seek a no-fault divorce based on separation. This period of separation is often used as evidence of the irretrievable breakdown of the marriage.


2. Fault-Based Grounds: In addition to no-fault grounds, your Washington Township divorce attorney will explain that New Jersey also recognizes fault-based grounds for divorce, where one spouse alleges that the other has engaged in specific wrongful behavior. Some of the fault-based grounds for divorce in New Jersey include:

  • Adultery: If one spouse can prove that the other engaged in extramarital affairs, it can serve as a basis for divorce.

  • Cruelty or Abuse: Physical or mental cruelty and abuse by one spouse toward the other can be grounds for divorce. Evidence of this behavior must be provided to the court.

  • Desertion or Abandonment: If one spouse has voluntarily left the marital home and has been absent for at least 12 consecutive months without just cause or consent, it can be a ground for divorce.

  • Imprisonment: If one spouse has been sentenced to imprisonment for 18 months or more after the marriage, this can be a basis for divorce.

  • Drug or Alcohol Abuse: If one spouse's substance abuse issues have led to the breakdown of the marriage, it can be used as a fault-based ground for divorce.

  • Institutionalization: If one spouse has been institutionalized for mental illness for at least 24 consecutive months during the marriage, it can serve as a ground for divorce.

It's important to note that choosing fault-based grounds for divorce can involve a more contentious legal process, as it often requires proving the allegations in court. No-fault divorce is generally more straightforward and less adversarial.

Couples considering divorce in Washington Township, New Jersey should consult with an experienced Washington Township family law attorney to understand their options and determine the most appropriate grounds for their specific situation. Additionally, the laws and requirements regarding divorce in New Jersey may change over time, so it's important to consult the most current legal resources or an attorney for up-to-date information.  Desmond Law P.A. can help.

While hiring an attorney does involve legal fees, the benefits in terms of legal protection, informed decision-making, and achieving a favorable outcome often outweigh the costs. It's essential to consult with an experienced Washington Township family law attorney in New Jersey to discuss your specific situation and understand how legal representation can benefit you during your divorce.

Call Desmond Law P.A. for a Consultation.  908-955-7906

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