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The legal requirements to pursue a divorce in New Jersey

For many years the rate of divorces in America was rising. As a result, most people began to think that they could just get a divorce whenever and wherever they wanted. However, in New Jersey, like all other states, there are certain legal requirements that must be met in order for a couple to pursue a divorce filing.

For starters, for individuals to file for divorce in New Jersey, at least one of the two people in the marriage must be a New Jersey resident. After that, if the couple wants to pursue a "no-fault" divorce - meaning that the couple does not need to point to any specific cause for the divorce other than that their differences are irreconcilable, the couple must be separated for a minimum of 18 months prior to filing for divorce.

In some cases, the couple does not need to wait out the 18-month waiting period. If there are specific grounds for the divorce, the couple may be able to proceed within a shorter timeframe. For instance, among the many grounds for divorce in New Jersey, there are: deviant sexual behavior without consent; adultery; desertion for at least 12 months; conviction and imprisonment of one spouse for at least 18 months; and alcohol or drug addiction, among others.

Anyone who is considering making a move to file for divorce in New Jersey could benefit from learning all of the legal requirements that must be met in order to do so. Contrary to popular belief, divorce is far from a "ask and receive" type of legal filing. The process can be quite complex and individuals will need to be aware of their legal options throughout the case.

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Weinberg, Kaplan & Smith, P.A.
8000 Sagemore Drive, Suite 8202
Marlton, NJ 08053

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Phone: 856-375-1586
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