Skip to main content

Get the legal guidance you need today. Call our lawyers at 973-279-7712

Grounds for divorce in New Jersey

Those in Paterson looking into ending their marriages may come across two distinct divorce-related terms that may seem contradictory: “no-fault divorce” and “grounds for divorce.” The former gives the impression that one need not cite fault when seeking a divorce, while the latter implies that there does indeed need to be a reason for a couple to divorce. While outwardly confusing, these two legal principles actually complement each other.

According to the Cornell Law School, a no-fault divorce occurs when the petitioning party does not recognize fault in either side for the deterioration of a marital relationship, yet rather simply admits that the couple no longer gets along. Both sides may contribute to the marital tension, yet its source need not be traced to either party.

The legal term defining such strain is “irreconcilable differences,” and Section 2A.34-2 of New Jersey’s Revised Statutes lists this among the valid grounds for divorce that the state recognizes. In this context, one can see how this relates to the concept of no-fault divorce. In citing irreconcilable differences, one states that the marital relationship is broken and that reconciliation is unlikely, yet does not attribute fault to anyone. New Jersey state law does require, however, that this relationship status must be in place for at least six months before irreconcilable differences can be viewed as grounds for divorce.

The law also recognizing the following as valid grounds for divorce: 

  • Adultery
  • Abandonment
  • Extreme cruelty
  • Alcohol or drug addiction
  • Institutionalization or imprisonment
  • Deviant sexual behavior

In these scenarios, while one might not necessarily be assigned fault technically, their actions may come into consideration when dealing with issues such as spousal maintenance or property division.

Divorce

Get Started With A Free Case Review

We look forward to speaking with you about your case. Call Sciro & Marotta, P.C. at 866-426-5123 or
send us an email through our online contact form.

Call 973-279-7712 to arrange your free consultation on any criminal or personal injury matter

Have A Legal Question?

Labels with a *are required.

  • This field is for validation purposes and should be left unchanged.
Office Address
66 Hamilton Street Suite 103
Paterson, NJ 07505

Paterson Law Office Map

Phone:
973-279-7712
Fax:
973-279-0614