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Exploring New Jersey's Divorce
Laws
A divorce covers so many issues and changes lives in so
many ways. And before a Complaint for a divorce can be
filed, a major decision has to be made: On what grounds
do you want to proceed?
New Jersey allows eight causes of action for divorce. A
cause of action is the grounds for divorce, or, in other
words, why you are entitled to a divorce. Those causes
of action include:
- Adultery
- Willful and continued desertion for the term of 12 or
more months, which may be established by satisfactory
proof that the parties have ceased to cohabit as man and
wife
- Extreme cruelty
- Eighteen-month separation
- Voluntarily induced addiction or habituation to any
narcotic drug or habitual drunkenness for a period of 12
or more consecutive months subsequent to marriage
- Institutionalization for mental illness for a period of
24 or more consecutive months
- Imprisonment of the defendant for 18 or more consecutive
months
- Deviant sexual conduct voluntarily performed by the
defendant without the consent of the plaintiff.
It's our observation that the majority of divorces filed
have extreme cruelty as the cause of action; however, by
the time the divorce is before the judge, the complaint
is amended to base the grounds on eighteen-month
separation. This is because the eighteen-month
separation cause of action is a “no-fault” divorce,
while any other cause of action is a “fault” divorce. By
the end of the divorce proceedings, most couples agree
to equitable distribution of their assets and the need
to prove who was wrong is no longer relevant. Therefore,
to mend feelings the parties agree to the change in the
cause of action.
The only purpose of this article is to inform you of the
grounds for divorce under New Jersey law. The choice of
the appropriate cause(s) of action to include in your
complaint is a strategy decision between you and your
attorney.
For more information, contact us at
info@freedmanlorry.com or call (888) 999-1962.
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Materials on this site have been prepared by Freedman & Lorry, P.C. for general informational purposes only.
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For more information e-mail us at:
info@freedmanlorry.com. |
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