What Are The Grounds For Divorce In New Jersey?
Understanding what are the grounds for divorce in New Jersey is the first step in the marriage dissolution process. New Jersey law provides both no-fault and fault-based grounds for ending a marriage. A New Jersey divorce attorney from the Law Offices Of SRIS, P.C.
Legal Grounds for Divorce in New Jersey
New Jersey statutes outline specific grounds upon which a court can grant a divorce. The primary no-fault ground is “irreconcilable differences,” which have caused the breakdown of the marriage for a period of six months with no reasonable prospect of reconciliation. This is the most commonly cited reason. Fault-based grounds include adultery, desertion for 12 or more months, extreme cruelty, habitual drunkenness or drug use, institutionalization for mental illness, and imprisonment. The choice of ground can impact the timeline and issues like alimony.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2A:34-2 (official New Jersey statutes). For court forms and procedures, visit the New Jersey Courts Self-Help Center.
The Divorce Process in New Jersey
Selecting the correct ground is a strategic decision. In many cases, filing under irreconcilable differences is the most efficient path, as it avoids the need to prove fault in court, which can be time-consuming and contentious. However, in situations involving fault like extreme cruelty, a fault-based filing may influence the court’s decisions on alimony or equitable distribution. Your divorce representation strategy should be case-specific to your specific facts.
- Consult with a Lawyer: Discuss your situation with a divorce attorney to determine the most appropriate ground for your case.
- File a Complaint: Your attorney will prepare and file a Complaint for Divorce with the Superior Court in the appropriate county, stating the chosen grounds.
- Serve Your Spouse: The complaint must be formally delivered to your spouse, who then has 35 days to file an answer.
- Case Management: The court will schedule conferences to manage discovery, discuss settlement, and set a timeline.
- Negotiation or Trial: Most cases settle through negotiation or mediation. If not, the case proceeds to trial where a judge will decide the issues.
- Final Judgment: The court issues a Final Judgment of Divorce, legally ending the marriage and incorporating all orders.
Potential Outcomes and Considerations
In New Jersey, a divorce legally terminates a marriage and results in court orders addressing asset division, alimony, child custody, and support.
Beyond legally ending the marriage, the divorce process resolves critical financial and parental issues. New Jersey is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally. The court also decides on child custody (now called parenting time), child support, and whether alimony is warranted based on statutory factors. The specific grounds for divorce can influence some of these determinations, particularly regarding alimony awards.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Divorce
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to family law matters. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that knowing what are the grounds for divorce in New Jersey is just the beginning; effective advocacy requires a deep understanding of local court procedures and a strategic approach to achieving your goals.
Our Approach to Divorce Cases
The Law Offices Of SRIS, P.C. has extensive experience handling divorce matters across New Jersey. Our team provides dedicated divorce representation, whether your case involves clear no-fault proceedings or complex fault-based litigation with significant assets. We focus on clear communication and developing a strategy aligned with your specific objectives for life after divorce.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
SRIS New Jersey Location — 51 JFK Parkway, 1st Floor West
Short Hills, NJ 07078
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: 856-291-6150
By appointment only.
Our Short Hills location serves clients across all 21 New Jersey counties. We offer 24/7 phone consultations — (888) 437-7747 — meetings by appointment only. Looking for a divorce attorney near New Jersey? Our team is accessible statewide.
Frequently Asked Questions
What is the most common ground for divorce in New Jersey?
Yes. The most common ground is “irreconcilable differences,” a no-fault provision requiring that differences have existed for at least six months with no hope of reconciliation. It avoids assigning blame and is often the fastest path to dissolution.
Can I get a divorce in NJ if my spouse doesn’t agree?
Yes. New Jersey allows for unilateral divorce. If one spouse files citing irreconcilable differences, the court can grant the divorce even if the other spouse contests it, provided the six-month requirement is met. The contested issues then move to negotiation or trial.
How does filing for a fault-based divorce affect the process?
It depends. Filing on fault grounds like adultery or extreme cruelty requires proving the allegation in court, which can increase conflict, cost, and time. However, it may be strategically relevant for issues like alimony. A divorce filing lawyer can advise on the pros and cons for your case.
How long does a divorce take in New Jersey?
The timeline varies widely. An uncontested, no-fault divorce can finalize in a few months. A contested divorce, especially one involving fault grounds or complex assets, can take a year or more. The court’s schedule and the level of cooperation between parties are major factors.
Do I need a lawyer to file for divorce?
While not legally required, it is highly advisable. A divorce attorney ensures your rights are protected, paperwork is accurate, and you understand the long-term financial and parental implications of agreements. Mistakes in a divorce judgment can be difficult and expensive to correct later.
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Page Last verified: April 2026. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding what are the grounds for divorce in New Jersey.