Grounds for Divorce

In the State of New Jersey there are currently seven (7) reasons that a party can obtain a divorce. They are as follows:

• Live separate and apart for a period of at least 18 months with no reasonable prospect of reconciliation. This is commonly referred to as a "no fault divorce". (It must be realized that the 18 month time period has to occur prior to the filing of the complaint for divorce.)
   
• Extreme cruelty. This could be physical and or mental cruelty. It is a subjective test which requires the complaining spouse to find it unreasonable and improper to continue co-habitation with the spouse.
   
• Adultery. This no longer needs to be proved and can be shown by circumstantial evidence. All that needs to be shown is the inclination to commit adultery, the opportunity and the ability.
   
• Desertion. Requires a spouse to move out of the marital home against the other spouse's wishes for a period of 12 consecutive months. (It must be realized that the 12 month time period has to occur prior to the filing of the complaint for divorce.)
   
• Constructive desertion. This requires a spouse to actually desert a spouse against their wishes for a period of 12 consecutive months. (It must be realized that the 12 month period has to occur prior to the filing of the complaint for divorce.)
   
• Habitual drunkenness or drug use. This requires a person to be habitually drunk or addicted to drugs for a period of one year. (It must be realized that the one year time period has to occur prior to the filing of the complaint for divorce.)
   
• Imprisonment. This requires the spouse to be in prison for a period of 18 consecutive months. (It must be realized that the 18 month time period has to occur prior to the filing of the complaint for divorce.) A party is allowed to divorce based on these grounds even if the person was released from prison prior to the filing of the complaint as long as co-habitation has not resumed.
   
• Institutionalization. This is defined as a person being institutionalized for a period of 22 years. (It must be realized that the 22 year time period has to occur prior to the filing of the complaint for divorce.)
   
• Deviant sexual behavior. This requires a spouse to have committed deviant sexual acts against the complaining spouse.

In the State of New Jersey, the easiest "ground for divorce" is extreme cruelty, inasmuch as this is a subjective test as opposed to an objective test. It is the complaining spouse that feels that the conduct is unreasonable or improper to continue co-habitation even if no one else would consider the conduct as such. The test being a subjective test it is possible to begin the divorce proceedings almost immediately without waiting for any time periods required on the other grounds. It is suggested, however, when filing a complaint for divorce based on extreme cruelty that the complaint be rather bland. Some people believe in putting the incident between the parties from the date of the marriage to the present. This is totally unnecessary. The easiest form of extreme cruelty is "spouse refuses to engage in meaningful communication which renders it unreasonable and unhealthy to remain married." In today's day and age that is sufficient to sustain the burden of proof for divorce. Inasmuch as almost all matters are settled prior to the completion of a trial, there is no need to have any other statements.

In New Jersey what is set forth in the complaint for divorce does not play a role in determining the alimony, equitable distribution, custody child support or counsel fees. Therefore, it is unnecessary to go into great detail in the complaint of the reasons for the divorce.