Many people beginning a divorce in Essex County wonder whether New Jersey requires proof of wrongdoing before a court will grant a divorce. The short answer is no. New Jersey has permitted no-fault divorce since 2007, though fault-based grounds also remain available. If you live in or around Millburn, our divorce lawyers at Diamond & Diamond, P.A., can help you determine which ground fits your circumstances.
New Jersey Recognizes No-Fault Divorce
New Jersey became a no-fault divorce state in 2007, when the legislature added irreconcilable differences as a ground for divorce. The filing spouse must certify that the differences have existed for at least six months, caused the irremediable breakdown of the marriage, and left no reasonable prospect of reconciliation. Neither spouse needs to prove wrongdoing, nor do they need to live apart during that period. New Jersey Courts explain the required grounds for filing on their official self-help divorce page.
Fault-Based Grounds Remain Available
New Jersey did not eliminate fault-based divorce when it added the no-fault ground. Spouses may still cite adultery, extreme cruelty, willful desertion, habitual drunkenness or drug addiction, imprisonment, institutionalization for mental illness, or deviant sexual conduct. A second no-fault path also exists for spouses who have lived apart for at least 18 consecutive months. Most spouses choose irreconcilable differences because it protects privacy and moves efficiently through the courts, although a spouse may still choose a fault ground in specific circumstances, such as documented abuse.
What This Means for Millburn Divorce Cases
At least one spouse must have lived in New Jersey for 12 consecutive months before filing, except in adultery cases. Millburn family law matters often involve substantial marital assets, closely held businesses, and real estate, which makes equitable distribution particularly important. Cases filed in the Essex County Family Division frequently proceed through mandatory mediation before reaching a courtroom. The Millburn divorce lawyers at Diamond & Diamond, P.A., bring decades of experience before Essex County family judges to these financially complex cases.
Frequently Asked Questions
Do I need to prove wrongdoing to get divorced in New Jersey?
No. Under the irreconcilable differences ground, you must certify that the marriage has broken down for at least six months with no reasonable prospect of reconciliation.
Does choosing a fault ground affect alimony or property division?
New Jersey courts generally do not consider fault when dividing property, although conduct may factor into alimony in limited circumstances.
What is the residency requirement for filing in New Jersey?
At least one spouse must have lived in New Jersey for 12 consecutive months before filing, except in adultery cases.
Our Millburn Divorce Lawyers at Diamond & Diamond, P.A. Can Answer Your Questions About Filing for Divorce
Choosing the right grounds for divorce affects privacy, timeline, and in limited cases, spousal support. Our Millburn divorce lawyers at Diamond & Diamond, P.A. offer a free initial consultation for divorce matters. Call us at 973-379-9292 or contact us online today. With an office located in Short Hills, New Jersey, we serve clients throughout the state.