by: Albertina Webb, Esq.
Well, other than being legally married to someone, in order to file for a divorce you must have what are called “grounds” for divorce. You only need one, but can have more than one. Grounds are the legal basis in order for one to file and be granted a divorce in New Jersey. Grounds differ with each state. So if you are not a New Jersey resident, do not rely on this blog.
In New Jersey, the grounds for being granted a judgment of divorce are as follows:
a. Adultery a/k/a cheating;
b. Willful and continued desertion for the term of 1 year (going out for milk or cigarettes and never coming back);
c. Extreme cruelty (various behaviors, discuss with an attorney);
d. Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least 18 or more consecutive months;
e. Voluntarily induced addiction or habituation to any narcotic drug (self-explanatory);
f. Institutionalization for mental illness for a period of 2 years (self-explanatory);
g. Imprisonment of the defendant (the person you are suing for a divorce) for 18 months;
h. Deviant sexual conduct (various behaviors, speak with an attorney).
It is best to speak with a seasoned family law attorney about filing for divorce and what you can expect after filing the divorce complaint or receiving a divorce complaint. Our family law attorneys are all experienced to answer your questions. Call us for a consultation at 732-409-1144.