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Divorce Grounds in New Jersey

In New Jersey, the petition for divorce must declare the appropriate grounds on the basis of which the divorce is declared. The petitioner must have been a resident of the State for at least a year before the case is filed.

The pertinent lawful ground will be upon which both the spouses substantially agree or that which the claimant proves to the court.

The divorce grounds in New Jersey are categorized in:

No-Fault Divorce Grounds in New Jersey:

In New Jersey separation mostly occurs on no-fault ground for divorce, which is:

Irretrievable Breakdown of the Marriage:

Under this ground, both the spouses must have lived separately, not in different rooms but in different houses for a period of at least 18 consecutive months. Furthermore, to qualify for the no-fault divorce on this divorce ground in New Jersey, there must not be a reasonable expectation of reconciliation.

Fault Divorce Grounds in New Jersey:

The divorce grounds in New Jersey, under this type include:


Desertion is normally willful. Desertion may be claimed after a year of a lack of sexual relations too. According to this State law it is important to note that the spouses may live in the same house to get a divorce on this divorce ground in New Jersey. The only factor important in this regard is being “Husband and Wife”.

Extreme Cruelty

Extreme cruelty means any physical or mental cruel act which makes it offensive for other spouse in order to cohabitate with. It is a fault divorce ground in New Jersey. The court is free to decide which conduct was brutal enough according to the situation.


The State court law terms adultery as the rejection of the spouse coupled with out-of-marriage intimacy. The courts have held that "adultery is irrespective of the specific sexual acts performed”. Before the court the name of the person with whom the offending conduct was committed must be stated. Else the claimant must provide enough information proving the other spouse an adulterer to get a divorce on this divorce ground in New Jersey.


Addiction is not a common ground for divorce. To get a divorce under this divorce ground in New Jersey, you must show the proper involvement of the defendant’s in drugs or alcohol for a period of one year continuously preceding the filing of the complaint. The plaintiff must provide substantial evidence.


If the spouse is discovered mentally ill for a period of one year after the marriage and before the filing of the complaint, divorce shall be granted. But the primary issue for this ground for divorce is whether or not the spouse is able to function as a working partner in the marriage.


In New Jersey imprisonment serves as a ground for divorce. Divorce will be granted on this divorce ground in New Jersey when a spouse has been imprisoned for 18 or more months after the marriage and the married couple has not continued living together after the accountable is sent to prison.

Deviant Sexual Conduct:

Deviant sexual conduct is a divorce ground in New Jersey if the defendant occupies in it without the consent of the plaintiff spouse.

Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in New Jersey.

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