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Grounds for Divorce in New Jersey

Although New Jersey divorce law has both fault and no-fault grounds, in most cases, fault has no bearing on how marital assets will be divided. In rare cases, the court may consider the grounds for divorce as a factor in determining spousal support. Fault is an emotional factor in a divorce, but it has little or no influence on the terms of a final settlement. Some of the common grounds in New Jersey divorce law are:

1. separation for 18 consecutive months ("no fault" -- parties must live in separate residences during this time);
2. extreme cruelty (physical or mental cruelty);
3. adultery;
4. willful desertion for at least one year;
5. habitual drunkeness or addiction for at least 12 consecutive months;
6. institutionalization for mental illness for at least 24 consecutive months;
7. imprisonment for at least 18 consecutive months;
8. deviant sexual conduct.

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