Citing Grounds for Divorce in New Jersey

Citing Grounds for Divorce in New Jersey

Divorce can often become a very difficult and emotionally taxing process for anyone involved in the proceedings. In the state of New Jersey, spouses must meet certain requirements before they can begin the process. One of the things they are obligated to do is to cite grounds for their divorce. While many people believe divorces only happen if one spouse is “at fault” for the end of the marriage, this is not always true. In the state of New Jersey, spouses may cite either fault or no-fault grounds for their divorce.

Fault Grounds

Spouses can cite fault grounds in order to begin the divorce proceedings. When a spouse cites fault grounds in a divorce case, it means the other spouse is the reason for the end of their marriage. In the state of New Jersey, there are several grounds upon which a spouse may cite fault for a divorce. This can include but is not limited to:

  • Adultery
  • Desertion
  • Non-support
  • Impotence
  • Imprisonment of 5 or more years
  • Gross habits of intoxication
  • Cruel and abusive treatment

Spouses are sometimes unsure about citing fault grounds in a divorce. This is due to the possibility of litigation as well as further problems between them and their spouse. When one spouse cites fault grounds, the other spouse is able to answer the accusation, possibly leading to more legal issues. Many people believe that when a spouse cites fault grounds, it will affect the outcome of the divorce. However, fault grounds typically do not have an impact on the outcome of a spouse’s marital issues in a divorce.

No-Fault Grounds

When no-fault grounds is cited in a divorce, it means neither spouse wishes to hold the other responsible for the end of their marriage. In the event of this, the divorce proceedings may begin and spouses can begin to settle marital issues. No-fault grounds in a divorce is also known as an “Irretrievable Breakdown of Marriage.” This requires spouses to agree on all marital assets before they may file for divorce. These issues may include child custody, child support, parenting time, alimony, and the division of assets. In this case, the couple has the opportunity to decide the method they wish to use to divorce. Different methods consist of mediation, arbitration, collaborative divorce, or private discussions.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact the Law Office of Toby Grabelle, LLC. today.

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.