No-Fault Divorce in New Jersey | What to Know

Key Takeaways

New Jersey allows both no-fault and fault divorce under N.J.S.A. 2A:34-2; most are filed no-fault for irreconcilable differences of at least six months.
Because a no-fault ground is always available, one spouse cannot permanently block a divorce.
At least one spouse must have lived in New Jersey for one year before filing, except when the ground is adultery.

Many couples reach a point where their marriage no longer works. Sometimes there is a specific reason, such as adultery or desertion, but often spouses simply grow apart. In New Jersey, you can file for divorce on either fault or no-fault grounds under N.J.S.A. 2A:34-2, and understanding the difference is a good first step. Generally, most divorces are filed as no-fault on the grounds of irreconcilable differences. Because no-fault divorce is an option, a spouse cannot permanently block a divorce. Generally, in order to file for divorce in New Jersey, at least one spouse must have resided in the state for at least one year, unless the grounds for the divorce are adultery. Read on to learn more about no-fault divorce in New Jersey.

What Is a No-Fault Divorce?

A no-fault divorce does not require either spouse to prove that they did something wrong to end the marriage. The majority of divorces in New Jersey are filed on these grounds. Under N.J.S.A. 2A:34-2, there are two no-fault grounds:

Irreconcilable differences: The marriage has suffered an irreparable breakdown for at least six months, with no reasonable expectation of reconciliation. This ground was added in 2007, and it is typically the most commonly cited ground for divorce.
Separation: The spouses have lived separately for at least 18 consecutive months.

One of the primary advantages of pursuing a no-fault divorce is that, because this option is always available, the divorce cannot be permanently prevented from happening. If the other spouse disagrees about the divorce or the terms and relief sought, the case will continue as a contested matter, which will ultimately be resolved at trial. No-fault divorces typically tend to be more private, as you are not required to air the specifics of wrongdoing.

What Are the Fault Grounds?

While no-fault divorces are the most common option, it’s important to understand that there are still traditional fault grounds under New Jersey law. When a spouse files on the grounds of fault, the court recognizes that the other spouse’s behavior is what caused the marriage to end. As such, recognized fault grounds include:

Adultery
Willful and continued desertion for 12 or more months
Extreme cruelty (physical or mental)
Voluntarily induced addiction or habitual drunkenness for 12 or more months
Institutionalization for mental illness for 24 or more months
Imprisonment of the spouse for 18 or more months
Deviant sexual conduct without the other spouse’s consent

It’s necessary to understand that, in New Jersey, proving fault typically does not impact the outcome of the divorce itself, because the state divides marital property in accordance with the equitable distribution statute, regardless of the grounds on which the divorce was filed. Because fault must be proven and may increase conflict, spouses who could cite fault often choose the no-fault route.

Requirements for Filing

To file a no-fault divorce in New Jersey, it’s important to keep the following information in mind:

Residency: Under N.J.S.A. 2A:34-10, at least one spouse must be a New Jersey resident for at least one year prior to filing. The single exception to this rule is adultery, which waives the residency requirement.
The six-month period: If filing on the grounds of irreconcilable differences, those differences must have existed for at least six months prior to filing. It is critical to understand that this is a prerequisite to file, rather than a waiting period imposed after filing.
Resolving the issues: Before a divorce is finalized, the spouses must address the primary issues in the case, including the division of assets and debts, child custody, child support, and spousal support.

Filing paperwork correctly matters. If documents are incomplete or filed in the wrong county, it can delay your case, so many people work with an attorney to keep the process on track.

If you have any questions or concerns regarding divorce in New Jersey, contact our firm today. We are here to advocate for you and walk you through the process each step of the way. Do not hesitate to reach out and speak with an experienced and dedicated attorney.