Even though divorce has become relatively common, a lot of misinformation about the process still circulates. People may make claims based on what they saw in movies or what they heard from people who may have divorced in another jurisdiction.
Every state has different laws regulating divorce, and what is true in one location is not necessarily accurate information for others. One common claim people make about divorce is that the person who files needs proof of misconduct to successfully file without the agreement of their spouse.
Is it necessary to prove bad behavior on the part of a spouse to qualify for divorce in New Jersey?
New Jersey offers no-fault divorces
Technically, neither spouse needs to prove anything specific about the state of a marriage for a divorce to occur. All that is necessary to begin the divorce process in New Jersey is for one spouse to file paperwork alleging that there are irreconcilable differences that have rendered the marriage unsustainable. There is no way to prove or disprove irreconcilable differences. Spouses do not need to provide any evidence of misconduct to obtain a no-fault divorce in New Jersey.
Fault-based divorces are sometimes an option
There are a handful of scenarios in which spouses can request a divorce from the courts based on fault. In those limited circumstances, evidence of qualifying marital factors is typically necessary. There are only a few grounds for fault-based divorce in New Jersey.
Those grounds include:
- extreme cruelty/abuse
- infidelity
- institutionalization for mental health issues
- abandonment that lasts for 12 months or more
- incarceration that lasts 18 months or more
- drug addiction/habitual drunkenness
- formal separation lasting 18 months or more
People may file fault-based divorces for a variety of reasons ranging from their religions to enforcing penalty clauses in prenuptial agreements. For most couples, however, no-fault divorce is often the best option available. Neither spouse needs to prove anything about the marriage or the behavior of the other spouse to move on with their lives.
Learning more about the laws that govern divorce proceedings can help people move on from unhealthy and unhappy marriages. In the vast majority of cases, establishing fault isn’t a necessary part of the divorce process.