Facing a divorce can be overwhelming, and we understand that it’s a time of emotional turmoil. Whether you’ve just decided to pursue a divorce or are already in the process, it’s normal to feel confused and uncertain about what’s ahead. At our firm, we want to ease your worries and help guide you through the process, ensuring that you understand your rights and the grounds for divorce in New Jersey. Knowing what to expect and how the legal system works can make all the difference in achieving a successful outcome for your case.
What Are the Grounds for Divorce in New Jersey?
In New Jersey, divorce laws are governed by specific grounds, or reasons, that allow one spouse to end the marriage legally. There are both fault-based and no-fault grounds, which determine the path your divorce may take. It is essential to understand these grounds because they will influence not only the divorce process itself but also matters like property division, alimony, and child custody.
The no-fault ground for divorce is based on the irretrievable breakdown of the marriage, meaning the couple can no longer live together as husband and wife. If the marriage has been broken for at least six months, either party can file for divorce. This ground is often used when both spouses agree that the marriage cannot be saved and do not want to place blame on anyone for the breakdown.
On the other hand, fault-based grounds involve actions or behaviors that are seen as misconduct by one spouse, which led to the failure of the marriage. These grounds can be more complicated and often involve proving misconduct in court. Some common fault-based grounds include adultery, cruelty, desertion, addiction, and imprisonment. These grounds allow the court to assign blame to one spouse for the breakdown of the marriage, which may affect issues such as alimony or the division of assets.
More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience. Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey. Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."
Tanya L. Freeman, Attorney at Law
Managing Partner of the Family Law Practice at Callagy Law
No-Fault Divorce
If you and your spouse can agree that the marriage has ended, no-fault divorce is often the most straightforward path. New Jersey’s laws make it easier for couples to divorce without having to assign blame to one party. With the no-fault grounds, you are not required to prove that your spouse did something wrong to cause the divorce. All that is needed is the confirmation that the marriage has been broken for at least six months, and that both parties are ready to move forward.
No-fault divorce is generally less contentious, as it eliminates the need for a lengthy court battle. In many cases, this option leads to a faster resolution, especially when there are children or significant assets involved. It is a good way to begin the divorce process if both parties are willing to cooperate and avoid unnecessary conflict.
Fault-Based Divorce Grounds
Sometimes, a divorce may be based on fault, especially if one spouse’s actions directly led to the end of the marriage. The grounds for fault-based divorce in New Jersey include:
Adultery
If one spouse has had an affair, the other spouse may choose to file for divorce on the grounds of adultery. Proving adultery can be complex, as it requires evidence, but it can affect things like alimony and property division.
I was very fortunate to find Tanya online during an urgent family matter. I was able to speak with her on our situation and she immediately jumped on the case the same day. I was impressed at her knowledge and her team as they were able to answer questions on the spot and navigate through an unpleasant situation. Her honesty and responsiveness have made this process much easier, and the support she has provided has truly gone above my expectation of a family law firm. This is truly an exceptional firm & I would highly recommend.” - Lydia Martinez My father recently hired Tanya Freeman; Family Law Attorney and her team as a replacement to handle his divorce which has been going nowhere for over 3 years with a different attorney. Tanya and her team have done so much within just a few months for his trial and has given my father a new sense of hope. The team is always quick to respond to any questions. The case is still ongoing, however, my father has newly restored confidence that he will be treated fairly and with his best interest in mind. We definitely recommend Tanya Freeman; Family Law Attorney." - Molly Howard Tanya is an outstanding attorney! Her attentiveness to detail and willingness to be honest with her clients means you’re going to get the best possible outcome for your case. She and her team went above and beyond, making sure my divorce and custody case ended neatly and in the best interest of my children. Her pricing is reasonable and she’s willing to work with you. I highly recommend Tanya Freeman to anyone going through a divorce or family law case!" - Jenifer Mckinney
Cruelty
This refers to physical or emotional abuse that makes it impossible for one spouse to continue living with the other. Cruelty includes behaviors such as verbal abuse, threats, or physical harm. If you’ve been subjected to cruelty in your marriage, you have the right to file for divorce on these grounds.
Desertion
If one spouse leaves the other for a period of at least 12 months without consent or justification, this could be grounds for divorce. Desertion implies that one spouse has abandoned the marriage without any intention of returning.
Addiction
If one spouse has become addicted to drugs or alcohol and this addiction disrupts the marriage, the other spouse may file for divorce on these grounds. Addiction can have serious effects on a marriage and may be considered a legitimate reason for divorce.
Imprisonment
If one spouse is incarcerated for a period of 18 months or longer, the other spouse can file for divorce on the grounds of imprisonment. This is often used in situations where one spouse’s imprisonment makes it difficult or impossible to continue the marriage.
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What is the Impact of Grounds on Divorce Proceedings?
While New Jersey law allows for both fault-based and no-fault divorces, the type of grounds you choose may impact your case. If you file for a fault-based divorce, the court may take misconduct into account when making decisions about alimony, child support, and the division of assets. For instance, if one spouse has committed adultery, the court may award a higher amount of alimony to the other spouse, especially if the misconduct is deemed to have caused financial or emotional harm.
On the other hand, if you choose a no-fault divorce, the court will generally focus more on the equitable distribution of property and determining child custody arrangements. The main advantage of a no-fault divorce is that it avoids a lengthy and costly court battle over the reasons for the divorce. However, if you and your spouse are in disagreement about how assets should be divided or other important matters, a no-fault divorce can still result in contested proceedings.
Why You Need an Attorney to Navigate Your Divorce
Divorce is an emotional and complex process. Whether you are filing based on fault or seeking a no-fault divorce, understanding the grounds and how they affect your case is crucial. The legal process can be difficult to navigate on your own, and mistakes can lead to costly delays or unfavorable outcomes. That’s where an experienced attorney can be invaluable.
An attorney can help you determine the best grounds for your divorce based on your specific circumstances. They can also provide guidance on how to present your case in the most effective way and help you understand the implications of fault-based versus no-fault grounds. A skilled attorney will protect your rights throughout the process, ensuring that you get the best possible outcome in your divorce.
Our team is here to support you every step of the way. We understand that divorce can be a difficult time, and we are committed to making the process as smooth and stress-free as possible. With our experience and compassionate approach, we’ll work with you to ensure your needs are met, both emotionally and legally.
If you are considering divorce in New Jersey and need help understanding the grounds for divorce, don’t hesitate to reach out to our firm. We are here to provide the guidance and legal support you need during this challenging time. At Tanya L. Freeman, Attorney at Law, we are ready to help you achieve a successful resolution to your divorce case.