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.