Ocean County NJ Divorce Attorneys

Grounds for Divorce

Toms River, NJ Divorce Attorneys

The Ocean County NJ divorce law firm of Berry, Sahradnik, Kotzas & Benson helps clients to clarify and substantiate the grounds that legally support their divorce complaints. New Jersey statutes specify a number of distinct grounds for divorce in the state:

  • Institutionalization for mental illness for at least 24 consecutive months
  • Deviant sexual conduct
  • Imprisonment for at least 18 months
  • Adultery
  • Willful and continued desertion for at least 12 months
  • Habitual drunkenness or voluntary drug addiction
  • Separation—requiring living in separate residences—for 18 continuous months
  • Irreconcilable differences
  • Extreme mental cruelty

The first situation mentioned above is the basis for no-fault divorces in New Jersey. This is also known as voluntary separation, and means that the spouses have separated after mutually and voluntarily agreeing that they no longer wish to live together as husband and wife and that there is no hope for a reconciliation.

Condonation of Adultery

When the spouse who wishes to file for divorce knew that the other spouse committed adultery but continued to live and cohabit with the spouse, then adultery may not be used as a ground. However, if the spouse resumes or continues having affairs, then it opens a new opportunity to sue for divorce on grounds of adultery.

Waiting Periods

Under each ground for divorce, there are provisions for when the lawsuit can be brought to the court. However, if the complaint specifies that the spouse committed adultery, the action for divorce may be brought at any time and there is no time limit. It is also possible to file for divorce immediately when the spouse has been convicted of a felony or misdemeanor with a sentence of at least 18 months. Regardless of the grounds, it is advisable to consult a NJ divorce lawyer for information on all the requirements for obtaining a divorce in the state.

Other Decisions Based on Grounds

The grounds for divorce sometimes affect how other divorce issues are resolved, including:

  • Division of marital property
  • Child custody
  • Child support
  • Visitation and parenting time
  • Alimony
  • Emancipation of children
  • Post-judgment modification actions

Regardless of who is held responsible for the breakdown of the marriage, however, the best interests of the children always take priority over the claims of either spouse. The Ocean County NJ divorce attorneys and collaborative attorneys at our law firm work to help ensure that our clients' settlements are as fair as possible based on the situation.

To schedule a consultation with an experienced family lawyer at our firm, contact Berry, Sahradnik, Kotzas & Benson.