Residency Requirements:
In order to file for divorce in New Jersey, either spouse must have
been a resident of New Jersey for at least one year prior to filing
for divorce. In a case where adultery is the grounds for divorce,
there is no time limit if one spouse is a resident of the state.
Legal Separation:
The grounds for legal separation are the same as the grounds for
divorce.
General Divorce Procedure:
A case Information Statement must be filed. The filing of the
acknowledgment of service of process or appearance is permitted.
Mediation or Counseling:
At any time the parties may agree to submit the disputed issues
to mediation. If the parties are able to reach an agreement, they may
proceed in court on an uncontested basis.
Title of Divorce action:
Complaint for divorce.
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Grounds for New Jersey Divorce:
No-fault:
The grounds for a no-fault divorce are living separate and apart for
18 months with no reasonable expectation of reconciliation.
Fault-based:
Fault-based grounds for divorce include:
1) adultery;
2) imprisonment for 18 months or more;
3) unnatural sexual behavior before or after marriage;
4) alcoholism or/and drug addiction;
5) cruel and inhuman treatment;
6) willful desertion for 1 year;
7) separation for 2 years caused by confinement for mental illness;
8) extreme cruelty.
Where to file for divorce:
In any county of New Jersey.
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