Monday, May 9, 2011

Adultery and other grounds for divorce

2A:34-2. Divorce from the bond of matrimony may be adjudged

for the following causes heretofore or hereafter arising:

a. Adultery;

b. Willful and continued desertion for the term of 12 or more

months, which may be established by satisfactory proof that the

parties have ceased to cohabit as man and wife;

c. Extreme cruelty, which is defined as including any physical or

mental cruelty which endangers the safety or health of the plaintiff

or makes it improper or unreasonable to expect the plaintiff to

c

ontinue to cohabit with the defendant; provided that no complaint

for divorce shall be filed until after 3 months from the date of the

last act of cruelty complained of in the complaint, but this provision

shall not be held to apply to any counterclaim;

d. Separation, provided that the husband and wife have lived

separate and apart in different habitations for a period of at least 18

or more consecutive months and there is no reasonable prospect of

reconciliation; provided, further that after the 18-month period there

shall be a presumption that there is no reasonable prospect of

reconciliation;

e. Voluntarily induced addiction or habituation to any narcotic

drug as defined in the New Jersey Controlled Dangerous Substances

Act, P.L.1970, c.226 or habitual drunkenness for a period of 12 or

more consecutive months subsequent to marriage and next

preceding the filing of the complaint;

f. Institutionalization for mental illness for a period of 24 or

more consecutive months subsequent to marriage and next

preceding the filing of the complaint;

g. Imprisonment of the defendant for 18 or more consecutive

months after marriage, provided that where the action is not

commenced until after the defendant's release, the parties have not

resumed cohabitation following such imprisonment;

h. Deviant sexual conduct voluntarily performed by the

defendant without the consent of the plaintiff;

i. Irreconcilable differences which have caused the breakdown

of the marriage for a period of six months and which make it appear

that the marriage should be dissolved

and that there is no reasonable

prospect of reconciliation.


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