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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