Before 2007, a spouse petitioning the court for a divorce in New Jersey had to prove some type of marital fault, such as extreme cruelty or adultery. Alternatively, they had to undergo an 18-month period of separation prior to filing for divorce.
In 2007, New Jersey divorce law was amended to include “irreconcilable differences” as one of the grounds for divorce. With the passage of the new statute, New Jersey joined the ranks of “no-fault” divorce states. This means that the fact that one spouse is seeking to divorce provides sufficient evidence that irreconcilable differences exist.
The no-fault option provides some couples with a more cost-effective, time-efficient alternative to a litigated divorce. However, in other situations, the behavior of one spouse significantly contributes to the disintegration of the marriage. If this applies to your case, you may have grounds for a fault-based divorce.
Legal Representation for New Jersey Divorce Matters
At Townsend, Tomaio, Newmark & Clancy, our talented New Jersey divorce attorneys represent clients in contested and no-fault divorces across the State. This includes representation in Morris, Somerset, Bergen, and Passaic counties.
With extensive experience handling both types of proceedings, our skilled lawyers will listen to the specific circumstances of your case and educate you about all of your options. It is our purpose to ensure that you are in a position to make the most informed decisions that serve your best interests. We utilize a variety of strategies to achieve your goals:
- In contested divorce cases alleging fault, we use our ferocious trial skills to protect the rights of our clients.
- In no-fault divorces, we have achieved a great deal of success using negotiation, mediation, and collaborative law techniques.
To discuss your unique needs and priorities with one of our highly knowledgeable New Jersey divorce attorneys today, contact us for a cost-free initial consultation.
Legal Grounds for Fault-Based Divorce in New Jersey
If you intend to file for a fault-based divorce, you will be required to substantiate your claim with evidence and testimony. This must then be presented in court. Your divorce attorney can help you to gather relevant information and construct the most compelling case on your behalf. New Jersey law recognizes any of the following as grounds for a fault-based divorce:
Extreme Cruelty
In New Jersey, extreme cruelty can refer to any form of physical, mental, or emotional abuse. Specifically, N.J.S.A. 2A:34-2(c) defines it as: “any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant.”
This category encompasses a wide range of behaviors:
- Physical acts of violence and domestic abuse.
- Financial abuse, such as excessive depletion of your shared assets or gambling.
- Public or private humiliation.
- Controlling behavior, offensive language, or neurotic behavior.
Adultery
Adultery exists when your spouse commits infidelity. New Jersey law defines adultery in section N.J.S.A. 5:4-2(a). It states: “adultery exists when one spouse rejects the other by entering into a personal intimate relationship with any other person, irrespective of the specific sexual acts performed; the rejection of the spouse coupled with out-of-marriage intimacy constitutes adultery.”
When filing on these grounds, you must name the co-respondent in your initial complaint. This individual must be served the initial divorce documents along with your spouse.
Abandonment or Desertion
In this situation, your spouse has deserted you in one of two ways. They may leave your residence entirely. Alternatively, they may remain in the same household but refuse to participate in a physical relationship for a period of 12 or more months. N.J.S.A. 2A:34-2(b) defines this as “willful and continuous desertion by one party for a period of twelve or more months.”
Willful Addiction to Alcohol or Drugs
Your spouse’s addiction to alcohol or a controlled dangerous substance must have contributed significantly to the demise of your relationship. N.S.J.A 2A:34-2(e) outlines this as: “Voluntarily induced addiction or habituation to any narcotic or other controlled, dangerous substance, or habitual drunkenness for a period of 12 or more consecutive months.”
Additional Statutory Grounds
- Imprisonment: Your spouse has been incarcerated for a minimum of 18 consecutive months after the marriage began. cohabitation must not have resumed after their release (N.J.S.A. 2A:34-2(g)).
- Institutionalization: Your spouse has been institutionalized for a mental illness for at least 24 consecutive months after you were married (N.J.S.A. 2A:34-2(f)).
- Deviant Sexual Conduct: Your spouse must have engaged voluntarily in deviant sexual conduct without your consent (N.J.S.A. 2A:34-2(h)).
The Financial and Legal Impact of Fault-Based Claims
Many divorcing individuals assume that filing for a fault-based divorce will skew court determinations on key issues such as alimony and division of assets in their favor. Unless exceptional circumstances exist, the court does not usually consider fault when making financial determinations.
However, there are several critical exceptions:
- Marital Misconduct: If your spouse misappropriated marital assets, you may receive a more favorable award in the division of assets process.
- Physical Abuse: If you suffered physical abuse during the marriage, this will be considered during child custody determinations.
Contact Our Morris County NJ Divorce Attorneys
The attorneys at Townsend, Tomaio, Newmark & Clancy will work tirelessly to protect your rights and interests. To schedule a free initial consultation, contact our offices in Morris County, New Jersey at 973-840-8970 today.
