DivorceMag: On what basis may a divorce be granted?

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FAQs Written By Professionals in New Jersey

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Note 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.

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