What are the requirements to become divorced in New Jersey?
06/07/2009 - Divorce - State: AZ #16884
Full Question:
My ex-husband and I never had a legal separation. Our divorce was pushed through in 8 days for divorce from the state. I filed 10/24/2000 and we were divorced on 10/30/2000 in the state of New Jersey. Would our divorce be null and void since we were never legally approved by the courts to be separated? Isn't it true separation in NJ to be at least 18 months or 6 months then the next step would be divorce? Please let me know what action I need to take with the state.
Answer:
It is possible for a couple to get a no-fault divorce in NJ without being separated. The answer will depend on what grounds were stated in the divorce complaint as the basis for the divorce. I suggest contacting a local attorney who can review all the facts and documents involved.
New Jersey law allows for no fault divorces based upon the parties having lived separate and apart without cohabitation for an uninterrupted period of eighteen (18) months or 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. There are other grounds for divorce which may apply to a fault divorce.
Please see the following NJ statute to determine appliability:
2A:34-2. Causes for divorce from bond of matrimony
Divorce from the bond of matrimony may be adjudged for the following causes heretofore or hereafter arising:
a. Adultery;
b. Willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife;
c. Extreme cruelty, which is defined as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; provided that no complaint for divorce shall be filed until after 3 months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim;
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 and there is no reasonable prospect of reconciliation; provided, further that after the 18-month period there shall be a presumption that there is no reasonable prospect of reconciliation;
e. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 or habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
f. Institutionalization for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
g. Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment;
h. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff;
i. 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.
Please see the information at the following links:
http://lawdigest.uslegal.com/divorce/state-faq/7002/
http://lawdigest.uslegal.com/divorce/state-law-summary/3752/
Please see the forms at the following links:
http://www.uslegalforms.com/divorce/new-jersey-divorce-forms.htm
06/07/2009 - Category: Divorce - State: AZ #16884
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