What are the Most Common Grounds for Divorce in New Jersey?

Grounds for Divorce in Morris County New Jersey

With her wide experience practicing in the area of Family Law including divorce, custody, visitation, alimony and domestic violence, our attorney Amy L. Miller talks about three possible scenarios for pleading divorce in New Jersey.

Irreconcilable Differences is Most Common Ground for Divorce

There are a number of grounds for divorce in New Jersey. The most common ground is irreconcilable differences. When I first started practicing, approximately 13 years ago, irreconcilable difference was actually a new ground for divorce in New Jersey and it opened up a huge door for litigants. They didn’t have to go into the court system and argue that there had been extreme cruelty even if it happened or adultery even if they didn’t want to raise that issue. They could just say that irreconcilable differences have existed for at least six months prior to the filing of your complaint for divorce. That is definitively by far the most common ground.

Extreme Cruelty Cited in Divorce Complaint

Secondary to that, the two other grounds that I see behind the irreconcilable differences are extreme cruelty. People will cite to that in their complaint for divorce and there are circumstances where it’s appropriate to do that, but there are also circumstances where it’s not necessarily appropriate to take that path and it’s important to have an attorney who will talk to you about what taking that path means and how that is going to affect your divorce, how it’s going to paint maybe some of the animosity or some of the litigation.

Adultery as Ground for Divorce

Behind extreme cruelty I see, not often but does happen is adultery, and again this comes down to having an attorney who can help guide you while certainly adultery is not something that anyone should have to deal with it does happen. But just because it does happen does not necessarily mean that you have to plead it as a ground in your complaint for divorce. There are ways to get you to the end without pleading adultery and just because it occurred does not necessarily mean that is going to be your best interest to put that in as a ground, so it’s important to have an attorney who is going to explain that to you, explain what that ground means and what it means when you plea that in your complaint. Those are really the three primary grounds that I see.

Consult Morris County Family Lawyers today

If you’re seeking an experienced divorce attorney in New Jersey but aren’t sure what grounds to file on, or how to substantiate your chosen grounds, you need to contact Jacobs Berger. Our family law and divorce specialists are ready to sit down with you to discuss your divorce today. Call us to begin at 973-718-7705.

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