New Jersey law has been gradually
evolving to allow for easier termination of “dead marriages” regardless of
fault. Fault of either spouse has continued to decrease in significance, while
the impact of filing for divorce based upon fault is ordinarily not
significant. It is important to note that each divorce matter is different, and
it is essential that each case be evaluated based upon its particulars. It is
also important to note that, to properly file a complaint for divorce, the
jurisdictional requirements must be met and a valid marriage must be in
existence at the time of filing.
Although the New Jersey
legislature has expressed its policy to terminate “dead marriages,” merely showing
that a marriage is “dead” is not enough for divorce under New Jersey law – the
parties and situation must meet specific statutory criteria before a court can
terminate the marriage. Pursuant to statute, so long as all of the
circumstances permit, a party may be granted a divorce based upon any of the
following grounds:
- Adultery;
- Willful
and continuous desertion for twelve (12) or more months;
- Extreme
cruelty;
- Separation
(separate habitations for at least 18 consecutive months);
- Voluntary
addiction or habituation to narcotics or habitual drunkenness;
- Institutionalization
for mental illness;
- Imprisonment
for eighteen (18) or more consecutive months after marriage;
- Deviant
sexual conduct; and, as is most common,
- Irreconcilable
differences.
Effective January 20, 2007, divorce
may be adjudged in New Jersey for irreconcilable differences that have caused
the breakdown of the marriage for a period of six (6) months and which make it
appear that the marriage should be dissolved and that there is no reasonable
prospect of reconciliation. Filing for divorce based upon irreconcilable
differences will ordinarily allow the complaint for divorce to be shorter, less
intrusive upon the privacy of the parties and, hopefully, will allow the
proceedings to be less contentious.
If you have any questions in
regards to divorce in New Jersey, equitable distribution, or any aspect of family
law, you may wish to consult with an experienced attorney.
This article is for information purposes only, and is neither legal
advice nor the creation of an attorney client relationship.
Justin M. Smigelsky, Esq. - All Rights Reserved
Timothy J. Little, P.C. is a full-service law
firm with offices in Woodbridge and Chesterfield, New Jersey. Timothy J.
Little, Esq. and Justin M. Smigelsky, Esq. represent individuals, families and
businesses throughout New Jersey including Middlesex County (Old Bridge,
Woodbridge, Sayreville, East Brunswick, Spotswood, Perth Amboy, Dunellen, Colonia
, Sewaren
, Iselin
, Avenel
, Fords
, Keasbey
, Menlo Park
, Port Reading
, South Amboy
, Monroe
, Edison
, Carteret
, Cranbury
, Helmetta
, South River
, Milltown
, Highland
Park
, Jamesburg
, Laurence
Harbor)
, Monmouth
County (Aberdeen, Matawan, Hazlet, Cliffwood Beach, Keyport, Keansburg, Middletown,
Holmdel, Lincroft, Manalapan, Englishtown, Marlboro), Union County (Rahway,
Elizabeth), Ocean County (Brick, Jackson, Toms River), Somerset County, and
Burlington County. If you have any questions or concerns regarding
family law or divorce, please contact the attorneys at
Timothy J. Little, P.C.
Family Law Practice Areas: Divorce, equitable distribution
of assets and liabilities, alimony, domestic violence, child custody, child
support, parenting time, emancipation applications, removal applications,
Marital Settlement Agreements, post-judgment enforcement and modification
applications
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