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What are the divorce laws in New Jersey?

On Behalf of | Feb 8, 2017 | Divorce

Divorce laws in the state of New Jersey are not complicated, but for those preparing to file for divorce, a refresher might be a good idea. We have put together a little guide to the divorce laws of New Jersey.

It is fairly easy to file for divorce in the state of New Jersey, but there are some minor requirements a person must meet before doing so. The first of those requirements is that at least one person in the marriage must be a resident of New Jersey to file in the state.

The second comes when the couple wants to file for no-fault divorce. The couple must be separated, living separately and apart, for 18 months prior to filing. A no-fault divorce is defined as a divorce where neither side has to take blame or liability for the divorce.

Some grounds for divorce in the state of New Jersey including the following:

— Violence or cruelty

— Adultery

— Deviant sexual behavior without the consent of the plaintiff

— Mental illness or insanity that led to confinement for at least 24 months

— Conviction of a crime that led to imprisonment for at least 18 months

— Desertion from a spouse for 12 months or more

If you or your spouse file for fault divorce in New Jersey, the following are some of the most common defenses used for this type of following:

— Provocation: This happens when one spouse provokes another to act or behave in a specific manner.

— Connivance: This defense is used against adultery. This defense is used to make the claim that the plaintiff spouse agreed to and participated in the adultery in question.

— Recrimination: This defense claims that the plaintiff spouse either engaged in the same conduct or is equally at fault for the conduct.

— Condonation: This defense claims that the plaintiff spouse knew of the conduct, forgave the conduct and resumed the marriage with the defendant spouse.

Divorce is an ugly process for both parties, whether fault or no-fault in New Jersey. Learn more about divorce and the laws prior to filing.

Source: Findlaw, “New Jersey Divorce Laws,” accessed Feb. 07, 2017