When you sign your marriage license, you are not only forming a contract between you and your spouse, but you are also making an agreement with the state of New Jersey. For this reason, you must present the State with an acceptable reason for the dissolution of your marriage during a divorce proceeding. If you choose to file for divorce, you will be known as the Petitioner and your spouse will be referred to as the Respondent. As the Petitioner, you will be able to state your grounds for filing for divorce.
This is considered to be a no-fault ground for divorce, meaning that neither you nor your spouse is responsible for the fact that your marriage has become unworkable. To prove irreconcilable differences, you must explain to the court that the differences between you and your spouse have existed for a period of six months during the marriage and that there is no reasonable expectation that these circumstances will change.
If your spouse engages in a personal, intimate relationship with an individual outside of your marriage, you can file for divorce under the grounds of adultery. Under New Jersey Court Rule 5:4-2 (b), you must provide the court with the name of this other individual or with an adequate description of his or her appearance. You can also provide the court with information about the time and place where this extra-marital affair occurred.
Stating extreme cruelty as your reason for divorce covers any physical, mental, or emotional abuse that would make it unreasonable for you to stay married to your spouse. However, you still must show that your spouse committed these acts intentionally and was capable of understanding the harm of his or her behavior.
To learn more about filing for divorce in New Jersey or New York, contact The Law Firm of Walter K. Schreyer at (201) 383-2185. Mr. Schreyer can help with your New Jersey family law case and brings more than 35 years of legal experience to your situation. Our office also offers a free initial consultation.