What are the Legal Criteria for Divorce in New Jersey?
Posted April 17th, 2025.
Categories: Blog.
The legal criteria for divorce varies from state to state so it is important that you take the time to learn about New Jersey’s requirements before filing an official complaint. Work with family lawyer Mark S. Guralnick for skilled legal advice and representation during your divorce.
What are the Legal Criteria for Divorce in NJ?
There are two standard legal criteria that couples must meet before they can file for divorce in New Jersey: the residency requirement and divorce grounds.
Each state has its own rules regarding how long an individual or couple must reside in the state before they are permitted to file for divorce. In New Jersey, the residency requirement is one year or 12 months. As long as you or your spouse have lived in NJ for at least 12 consecutive months immediately before filing for divorce, you have met the residency requirement. Only one of you must fulfill this criteria.
In addition, when filing you must provide a valid and legally accepted reason for terminating the marriage, known as a divorce ground. In New Jersey, you can file for either a no-fault or fault-based divorce. When filing with no-fault grounds, you are essentially claiming that neither party is at fault for the demise of the relationship; it simply did not work. If you file for a fault-based divorce, however, you are placing the blame for the end of the marriage on your spouse.
No-fault divorce grounds include irreconcilable differences for at least 6 months with no chance of reconciliation and voluntary separation for at least 18 months. Fault-based divorce grounds include adultery, cruelty, institutionalization for at least 24 months, incarceration for at least 18 months, willful abandonment for at least 12 months, drug or alcohol addiction for at least 12 months, and deviant sexual conduct without consent.
To meet the legal requirement for divorce in New Jersey you must claim one of the above divorce grounds and provide evidence of your claim. Note that if you are filing for divorce based on irreconcilable differences evidence is not required.
What if I Do Not Meet the Legal Criteria?
If you don’t meet the legal criteria for divorce in New Jersey, don’t panic. You may still have a few options. In terms of divorce grounds, if you have a valid reason but do not have evidence, you can always file for a no-fault divorce based on irreconcilable differences. While this may not be ideal if you want to hold your partner accountable for their actions, it is still a viable option.
You may be able to file for divorce even if you do not meet the residency requirements. According to NJ law, any resident, regardless of how long they have lived in the state, can file for divorce given that they are filing on the grounds of adultery. If you can provide evidence that your partner cheated on you and that is the reason for divorce, you can file even if you have not lived in the state for a full year.
The legal requirements and process of divorce can be complex. For experienced advice and legal counsel, contact a skilled attorney at the Law Offices of Mark S. Guralnick today.
