Tag Archive for: NJ

Certain counties in New Jersey will now allow a divorce to go through without requiring appearance in court. This option is available if there are no issues raised other than the divorce. For example, there are no custody, support, or equitable distribution issues. Alternatively, if the parties reach an agreement on all outstanding issues, the agreement can be incorporated with the request for the divorce and the appearance requirement can still be waived. A final judgment of divorce will need to be prepared. The judgment should include whether an agreement is being included. The judgment should also cover the minimum requirements for divorce such as appropriate jurisdiction based on residency. Further, if wife intends to retake her maiden name, that should be included in the proposed final judgment.

In addition to preparing the judgment of divorce, both parties should submit supporting certifications. The certifications should go into further detail about the facts establishing the divorce action. The certification should set forth the marriage date of the parties and the period of residency. The cause of action should be stated (e.g. irreconcilable differences, separation, etc.). The certification should state if there are any children between the parties and if so, their names and date of birth. Again, if an agreement has been reached regarding ancillary issues, the agreement should also be referenced in the certification. Finally, the parties should indicate they are waiving their right to trial in favor of having the divorce granted without personal appearance.

Click here to read more on divorce in New Jersey.

Section 2A:34-2 of the New Jersey Divorce Statutes outlines the different causes of action available for a divorce. The fault grounds include adultery, desertion, extreme cruelty, voluntary addiction or habituation, institutionalization, imprisonment and deviant sexual conduct. Desertion must be willful and continued for a period of 12 months or more. Extreme cruelty can be mental or physical but must be to the extent that it makes it unreasonable to expect the parties to continue to reside together. The fault ground for voluntary addiction refers to addiction to any narcotic drug and/or habitual drunkenness for 12 months or more. Institutionalization for a mental illness must be of a period greater than 24 consecutive months. Finally, deviant sexual conduct is that which is voluntarily performed by the defendant against plaintiff’s will.

New Jersey also recognizes no-fault grounds for divorce on the basis of separation or irreconcilable differences. The parties must live separately for at least 18 consecutive months with no prospect of reconciliation to succeed on the no-fault ground for separation. The parties may have experience irreconcilable differences for six months or more to succeed on that ground. All grounds for divorce require NJ residency for a period of at least one year with the exception of adultery. An adultery claim requires the third party who participated in the adultery be named as a co-defendant.

Click here to read more on NJ Family Law.