Please note: local and state laws change constantly. This information is for educational purposes only. We do our best to keep this up-to-date, but please contact us to discuss your unique situation.
Getting Divorced in New Jersey
According to New Jersey Code, divorce may be granted for the following causes:
- Adultery;
- Willful and continued desertion for 12 or more months;
- Extreme cruelty;
- Separation for a period of at least 18 months and there is no reasonable prospect of reconciliation;
- Addiction or habituation to any narcotic drug or habitual drunkenness for a period of 12 months subsequent to marriage;
- Institutionalization for mental illness for a period of 24 consecutive months subsequent to marriage;
- Imprisonment of the defendant for 18 consecutive months after marriage;
- Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff;
- Irreconcilable differences for a period of 6 months and that there is no reasonable prospect of reconciliation. This is also referred to as a “no-fault” divorce.
Residency Requirements
One of the parties must be a resident of New Jersey, with the exception of adultery as the cause of action, for 1 year preceding the commencement of the action.
Waiting Period
These are the required waiting periods for the following reasons for divorce in New Jersey:
- Adultery: there is no waiting period.
- Extreme cruelty: 3 months after the last act of cruelty.
- Separation: 18 months, presuming after that there is no reasonable prospect of reconciliation.
- Addiction to drugs or alcohol: 12 months preceding the filing of the complaint.
- Institutionalization for mental illness: 24 consecutive months preceding the filing of the complaint.
- A “no-fault” divorce: 18 months of living apart prior to filing for divorce.
New Jersey Divorce Laws and Marriage Laws
You can find a complete listing of the New Jersey divorce laws by searching “divorce” here.
