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Divorce in New Jersey

If you are contemplating on getting a divorce in New Jersey you should contact a New Jersey divorce attorney. New Jersey divorce laws can be very complex and fact-dependent. The following information is a brief introduction to the basics of New Jersey divorce laws including grounds for divorce in New Jersey and the difference between contested and uncontested divorce.

NJ Divorce Laws: Grounds for Divorce in NJ

A New Jersey resident can file for divorce on one of several grounds that falls into one of two categories: fault-based divorce and no-fault divorce. No fault divorce is more common. The two categories of no-fault divorce are separation and irreconcilable differences.

To file for a divorce in New Jersey based on irreconcilable differences, the following requirements must be met:

  • One of the spouses must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint;
  • Spouses must have experienced irreconcilable differences for a period of six months; and
  • There is no reasonable prospect of reconciliation.

To file for a divorce in New Jersey based on separation, the following requirements must be met:

  • One of the spouses must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint;
  • Spouses must have lived in separate residences for at least 18 consecutive months before filing the divorce complaint; and 
  • There is no reasonable prospect of reconciliation.

New Jersey fault-based divorce grounds include: desertion, extreme cruelty, adultery, deviant sexual conduct, habitual drunkenness or voluntary addiction to any narcotic drugs, incarceration, and institutionalization for mental illness.

NJ Divorce Laws: Contested vs Uncontested Divorce in NJ

Uncontested divorce means that the spouses have agreed on getting a divorce and have resolved all issues that may be contested in a New Jersey divorce proceeding. The following are the most prevalent issues in a divorce that each spouse must consider before filing for divorce:

  • Division of real and personal property;
  • Alimony/Spousal support;
  • Child custody, visitation, and child support if there are children

To learn more about divorce in New Jersey please read Divorce In New Jersey: A Self-Help Guide published by the Legal Services of New Jersey. 

New Jersey Divorce Attorneys

If you would like more information or would like to discuss your options there are many divorce lawyers in New Jersey that can help. Please call us to speak with an attorney directly if you are considering getting a divorce in any of the following counties in New Jersey:

  • Divorce in Bergen County
  • Divorce in Essex County
  • Divorce in Hudson County
  • Divorce in Middlesex County
  • Divorce in Morris County
  • Divorce in Passaic County
  • Divorce in Somerset County
  • Divorce in Union County

If you are seeking to obtain an uncontested divorce, we may be able to represent you on flat fee basis. To learn more about our services and the fees associated with both contested and uncontested divorce please call our office. 

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