How to start a divorce

Grounds for Uncontested Divorce

In New Jersey, both fault and no-fault grounds for divorce are valid.

Fault grounds imply that one of the parties is to blame for the marital misconduct that is pointed out in the petition for divorce. All of the following fault-based grounds for divorce must be proven before the court: adultery, cruelty or domestic violence, willful abandonment for at least one year, drug/alcohol addiction, institutionalization for mental illness/insanity for at least two years, imprisonment for at least 18 months, and deviant sexual behavior without the partner's consent.

The only no-fault ground for divorce in New Jersey is separation (living separate and apart without cohabitation) for at least 18 months. This ground for divorce doesn't have to be proven because it is assumed that no one is to blame.

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