FILING FOR DIVORCE - DIVORCE ATTORNEY IN HACKENSACK NJ - (201)-801-0100

FILING FOR DIVORCE

If you are filing for divorce, you are the Plaintiff. Your spouse is the Defendant.

Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must file the case for you.

You should file your divorce forms in the New Jersey county where you live. If you do not live in New Jersey, you should file your forms in the New Jersey county where your spouse lives. See Court Rule R. 5:7-1 for more information.

Grounds for divorce

You must state a reason for the divorce recognized by New Jersey law (called “grounds” for divorce).

• No-fault or Irreconcilable Differences: To file for divorce based on irreconcilable differences, you must meet the following requirements:

1. You or your spouse must have lived in New Jersey for 12 consecutive months before filing for divorce;
2. You or your spouse must have experienced irreconcilable differences for 6 months, and;
3. The irreconcilable differences are a reason that the marriage, civil union or domestic partnership should be dissolved; and
4. You are certain there is no way to reconcile.

There is no need to accuse the other spouse of doing anything wrong when filing based on irreconcilable differences. In fact, making accusations of adultery or other “wrongdoing” will not affect the outcome of the divorce or improve your chances of getting more child support, alimony, or other financial arrangements, such as equitable distribution.

• Separation: To file for divorce based on separation, the couple must have been living apart for at least 18 months.
• Extreme Cruelty: To file on the grounds of extreme cruelty requires proof of other factors. You should consult an attorney or read N.J.S.A. 2A:34-2 to see if the statute applies to your case.
• Other grounds: Other “fault” grounds for divorce include adultery, institutionalization, and incarceration for an extended period. For more information, read N.J.S.A. 2A:34-2.