When filing for divorce, you must state grounds for dissolving your marriage. New Jersey has various fault and no fault grounds in which a party can request a divorce.
The no fault grounds are separation and irreconcilable differences. In order to file under separation, a couple must live separately for a period of eighteen months. For couples who do not wish to wait for the 18 month requirement to lapse, irreconcilable differences is a no fault option that allows you to file for divorce under the grounds that you have experiences “irreconcilable differences” for at least six months prior to filing for divorce. Irreconcilable differences means that the couple can no longer get along and there is no possibility of reconciliation. You can experience irreconcilable differences while continuing to live with your spouse. Thus, many couples file for divorce while continuing to reside together.
The fault grounds include extreme cruelty, adultery, desertion, voluntary addiction or habitual drunkenness, imprisonment, institutionalization, and deviant sexual conduct.
Generally speaking, New Jersey is considered a no-fault state. The fault or wrong-doing of a party generally has no impact on the way in which assets are divided or alimony awarded, with the exception of very limited circumstances. A consultation with an experienced family law attorney will provide insight into what grounds for divorce you should file under.