Fault-Based Divorce NJ

Fault-Based Divorce NJ
The other type of divorce action is a divorce based on a specific reason (ground or fault).


Desertion. Desertion occurs when one spouse leaves the other spouse for 12 months or more against the wishes of the other spouse. A party must wait until he or she has been deserted for at least 12 months before he or she can file a complaint for divorce based on desertion. See Complaint for Divorce Based on Desertion and Attached Certification. To file a divorce complaint based on desertion, the following basic requirements must be met:

You or your spouse must have lived in New Jersey for the 12 consecutive months preceding the filing of the divorce complaint.
Your spouse must have deserted you for 12 months or more against your will.


Extreme Cruelty. Extreme cruelty includes acts of cruelty that range from unpleasantness and emotional abuse to those involving severe physical violence. See Complaint for Divorce Based on Extreme Cruelty and Attached Certification. To file a divorce based on extreme cruelty, the following basic requirements must be met:

You or your spouse must have lived in New Jersey for the 12 consecutive months preceding the filing of the divorce complaint.
The most recent acts of cruelty you claim in the complaint must have happened at least three months before you file the complaint for divorce. For example, if you file your divorce complaint on June 1, 2007, the last act of extreme cruelty that you should put in your complaint is an event that occurred on or before February 28, 2007. This is true even if the cruelty is still going on when you file the complaint. Include all acts of abuse that occurred from the day you were married until the date that is three months before the date you sign your divorce complaint. If the abuse is ongoing, you will simply leave out the specific acts that happened in the last three months before you file.

Other Fault-Based Grounds. Other fault-based grounds include adultery, deviant sexual conduct, habitual drunkenness or voluntary addiction to any narcotic drugs, institutionalization for mental illness, and incarceration. This manual does not provide information for divorces based on those grounds.
source: http://www.lsnjlaw.org/english/family/divorce/divorcenj/divch1/index.cfm#ch1