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Michael P. McGuire

Do you need grounds to file for divorce in New Jersey?

If you were to ask people why they got married, the answers they provide often include an intangible emotional awareness of how important the other person is to them or their desire to be with that individual.

In many ways, divorce is similar. Some people divorce for specific reasons, like abuse or adultery, but many others choose to divorce because they feel like it is the right choice. They know that their relationship is no longer a positive source of support in their lives.

For these individuals, there can be a lot of uncertainty about the next step to take. They may worry that they do not qualify for marital dissolution or divorce under New Jersey law. Do you need specific grounds to file for divorce in New Jersey?

New Jersey allows for no-fault divorces

The simplest form of no-fault divorce involves making a claim that you and your spouse have experienced irreconcilable differences that have affected your relationship for at least six months. You can also file for a no-fault divorce by separation if you maintain separate living spaces for 18 months or longer.

No-fault divorces do not require any evidence of misconduct and therefore do not provide an opportunity for the responding spouse to prevent the divorce. For many couples, no-fault divorces are the fastest and easiest solution that makes the most sense for their circumstances.

New Jersey does allow fault-based divorces

There are also several fault-based grounds for divorce permissible under New Jersey law. These include adultery, drug addiction, domestic abuse, desertion, imprisonment and deviant sexual conduct.

Provided that you have evidence of spousal misconduct, such as medical records, financial documents or police reports, you could potentially pursue a fault-based divorce. For many, deciding on which type of divorce to file may seem like a gray area. You may feel unsure which route is right given your circumstances and what your goals might be moving forward from the divorce.

Understanding the basic rules about New Jersey divorce proceedings will help those contemplating divorce and these types of decisions. Contact the Law Offices Of Michael P. McGuire LLC by calling 732-704-7331 or reaching out through our website. We help you learn more about your options and rights at the end of your marriage with a consultation with a member of our legal team.

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