Although the divorce process is often confusing and painful, the actual grounds for getting a divorce in New Jersey are relatively uncomplicated. Either you or your spouse must have lived in the state for one year prior to filing for divorce. Also, any of the following grounds may be used for divorce in New Jersey: 

• Irreconcilable Differences.
• Separation for at least 18 consecutive months (must be living in separate residences).
• Institutionalization for mental illness for at least 24 consecutive months.
• Deviant sexual conduct.
• Imprisonment for at least 18 months.
• Adultery (no time limit).
• Willful and continued desertion for at least 12 months.
• Habitual drunkenness or voluntary addiction.
• Extreme cruelty, either bodily or mental.

Irreconcilable differences and 18 months separation are New Jersey's only no-fault grounds for divorce. To file for divorce on the grounds of irreconcilable differences, the plaintiff must show:

"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" NJSA 2A:34-2(i).

To qualify for a divorce on the grounds of irreconcilable differences the parties do not have to live separate and apart for a period of time. They can live together in the same residence prior to and during the divorce. As long as there is a showing that the marital breakdown occurred for a period of six months prior to the filing of the complaint, and that there is no reasonable prospect of reconciliation, the court should grant the divorce on the grounds of irreconcilable differences.

To qualify for a divorce based on 18 months separation the parties must have lived separately, in different houses (not different rooms) for a period of at least 18 consecutive months. The plaintiff must also allege that there is no reasonable prospect of reconciliation.

Other issues to be analyzed in the divorce process include: child custody, child support, equitable distribution of marital property and alimony. It is essential to have an experienced attorney advising you each step of the way. For instance, failure to assert your right to alimony or equitable distribution of property before the divorce is granted will bar you from seeking it afterward.

On behalf of our clients undergoing divorce, we:

• Prepare and file legal documents and pleadings.
• Negotiate aggressively on your behalf.
• Prepare and conduct all pretrial discovery, including interrogatories, depositions and evaluations of assets acquired during the marriage.
• Advocate and present your case in all pretrial motions, proceedings and, if your case goes to trial, represent you at the time of trial.
• Assist you in considering legal issues and circumstances surrounding financial settlement.
• Examine legal aspects of other issues directly related to divorce, such as sale and disposition of real estate, and valuation and administration of pension funds.

If you are considering divorce it is important that you speak with an attorney who can help you understand your rights and options before you take any action. Common client questions are: What should I do about the money in our joint bank accounts? Will it be abandonment if I leave the house? Can I cancel or stop paying the car insurance? What about the mortgage - Is that still my responsibility if I don’t live in the house? How do I make sure that my spouse keeps paying the bills? Can I stop my spouse from exposing my children to the new person in their life?

Divorce planning without the assistance of a skilled family law practitioner may result in costly mistakes. The Law Offices of Brian D. Iton will review your case and give you a realistic sense of your rights, options, and estimated costs in terms of time and money. We are accessible toll free at 1-800-274-6180, locally at (201) 541-6477, via e-mail at itonlaw@verizon.net or through our online form.