Common Causes of Divorce
There are numerous causes of action for divorce in New Jersey, including:
- Irreconcilable differences
- Extreme Cruelty
- Substance Abuse
- Mental Illness
- Deviant Sexual Conduct
Here are the three most common divorce grounds:
Irreconcilable differences is, by far, the most commonly used cause of action in New Jersey. In fact, irreconcilable differences is almost always pleaded in a complaint for divorce, even if a party files on other grounds as well.
A divorce complaint on this ground must allege that there have been irreconcilable differences in the marriage for at least six months prior to filing, with no reasonable prospect of reconciliation.
Adultery is another relatively common ground for divorce, although not nearly as common as irreconcilable differences. Unlike when a party files for divorce on grounds of irreconcilable differences where that person has to be a resident of New Jersey for at least a year and have been married at least six months, there is no waiting period to file for divorce on this ground.
To file on the grounds of extreme cruelty, a party must allege physical or mental cruelty that endangers a person’s health or safety, and that makes it improper or unreasonable for the parties to continue to cohabit. New Jersey law does not allow a divorce complaint to be filed on this ground until three months have elapsed since the date of the last act of cruelty.
When filing a divorce complaint in New Jersey, the person must certify that the allegations of the complaint are true to the best of their knowledge and that there has been no collusion with anyone in making the allegations.
Contact Rigden Lieberman Today
At Rigden Lieberman, Alexandra Rigden and Ronald Lieberman have experience representing clients in matters of divorce, custody, alimony, child support, domestic violence, prenuptial agreements, grandparent visitation, and other family law issues. Contact us today to speak to an attorney; we are here to help.