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Vital information about separation & divorce

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FAQs Written By Professionals in New Jersey
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SECTIONNote that answers given in this section cannot take the place of a lawyer. For legal advice about your specific situation, you must consult a qualified lawyer. See our disclaimer.

"On what basis may a divorce be granted? Does fault make a difference in determining the outcome?"

New Jersey law provides the following grounds for divorce:

  • separation for 18 consecutive months ("no fault") -- parties must live in separate residences during this time;
  • extreme cruelty (physical or mental);
  • adultery;
  • willful desertion for at least 12 months;
  • habitual drunkenness or voluntary addiction;
  • institutionalization for mental illness for at least 24 consecutive months;
  • imprisonment for at least 18 consecutive months;
  • deviant sexual conduct.

The fault or wrongdoing of a party in a divorce action has no bearing on how assets will be divided that were acquired during the marriage. The Court may, but rarely does, consider the grounds for divorce as a factor in determining alimony. So even though fault is an emotional factor in a divorce, it has little influence on the terms of a final settlement. 

 


David Wildstein, Esq. has been practicing matrimonial law for more than 30 years. He heads the 12-member family-law department of Wilentz Goldman Spitzer P.A. in Woodbridge, NJ and New York City. He has been listed in Best Lawyers in America. He can be reached at (732) 855-6010. View his Divorce Magazine profile.


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