The state of New Jersey provides two options to residents wishing to divorce — fault or no-fault. In either case, at least one spouse must live in New Jersey for one year prior to filing for divorce. There is no specified waiting period, and a judge can grant a divorce at any time following a hearing.

In most divorce cases, the following causes of action:

Irreconcilable differences — incompatibility that causes an irreparable rift in the marriage
Living separate and apart for 18 months, not within the same household.
In other divorce cases, the following grounds may be asserted:

Adultery
Extreme cruelty — mental, physical or emotional abuse
Desertion for more than one year
Constructive desertion
Imprisonment for more than 18 months
Drug or alcohol abuse
Institutionalization —for at least two years
Sexual deviance

Proving allegations can be extremely difficult and costly, so a person should take the time to think about the cause of action they wish to file, and balance the pros and cons of doing so. Further, the choice of the cause of action , generally does not influence the division of assets, alimony or child support.

If you are considering divorce and need legal advice, speak to a divorce attorney at Murano & Roth, LLC. We serve Bergen County and all of New Jersey. Call our office at 201.265.3400 or contact us online.

This blog posting and the information on our website is for general information purposes only. Nothing within it, within any responses, comments, emails, answers, blogs or attachments, should be considered legal advice. Our website and our blogs, including this blog, does not form any attorney client relationship, and this office does not represent you in any way. Keep in mind that since only very general information is provided on our website and within our blogs, you cannot rely upon any of the information as legal advice, as it might not apply to, or be accurate relative to your specific situation and facts.

By Jason D. Roth