New Jersey Divorce Laws | Grounds for Divorce

New Jersey

If a couple wants to file for a no-fault divorce in New Jersey a legal separation lasting at least 18 months is required. New Jersey Divorce laws state that proof of said separation must be produced upon the initial court date, with both parties present. Filing on grounds of fault, waives the separation requirement applied to no-fault divorces. New Jersey law sets forth seven "fault" grounds for divorce, including extreme cruelty, adultery, abandonment, substance or alcohol addiction, institutionalization, deviant sexual conduct and incarceration. Court proceedings are not necessary in New Jersey for legally recognized separation agreements. Thus, anyone can write a separation agreement. For people who desire legal counsel for the separation, attorneys in New Jersey can assist with the document. In addition, spouses wanting child support during the separation period must file a claim with the New Jersey probation department.

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