Grounds for Divorce in Monmouth County
In order for a judge to grant your divorce, you must be able to show that you have the grounds—or a viable legal reason—to dissolve your marriage. This issue is not nearly as contentious as it once was, given that the courts are far less likely to deny a divorce compared to years past. The failure to meet this requirement could derail the process entirely.
If you have questions about grounds for divorce in Monmouth County, now is the time to seek out legal counsel. An experienced divorce attorney can advise you of your legal options moving forward. In general, you have a choice between no-fault and fault-based divorce.
No-Fault Divorce
Most people filing for divorce in Monmouth County have done so on no-fault grounds. It provides spouses with a way to bring their marriage to an end without fighting in court over who was ultimately at fault.
There are two different options available in these cases. First, a spouse could file a complaint for divorce claiming irreconcilable differences. This common approach is used when a marriage has broken down for a minimum of six months, and there is no reasonable possibility of reconciliation.
The second example of no-fault grounds involves separation. When two spouses live apart for long enough, it could serve as the basis for a no-fault divorce. Specifically, they must have lived in separate homes for a minimum of 18 consecutive months to qualify. When a couple resumes their relationship—even briefly—it starts the 18-month clock all over again.
Fault-Based Divorce
In New Jersey, a spouse seeking to dissolve their marriage has the choice between no-fault and fault-based divorce. While most people prefer not to litigate the question of who was to blame for the breakdown of the marriage, this approach is preferred by some.
There are several different types of fault that could lay the groundwork for an fault-based divorce. Some of these options include the following:
- Drug or alcohol addiction
- Deviant sexual behavior
- Imprisonment for at least 18 months
- Adultery
- Desertion for more than a year
- Extreme cruelty
In addition to these examples of fault, it could also be possible to secure a divorce from a spouse with a diagnosed mental illness. That person must have been institutionalized for a minimum of two years before this option is available.
One of the reasons this path has fallen out of favor is that it is often complicated. Even when both spouses are on the same page about the end of their relationship, seeking a divorce based on these allegations can result in contentious litigation that might have been avoided through the no-fault process.
Given the additional challenges that come with a fault-based approach, it is a good idea to seek advice from an attorney. Experienced legal counsel in Monmouth County can help someone weigh the pros and cons of fault-based divorce.
Call an Attorney About Grounds for Divorce in Monmouth County
If you are considering divorce, finding the appropriate legal grounds is an important first step. Failure to do so could bring these proceedings to a sudden and frustrating halt. If you have questions about grounds for divorce in Monmouth County, now is the time to ask. Call today for your private consultation.
