Grounds for Divorce in Ocean County
When you file a complaint for marriage dissolution, you must provide the grounds upon which you are seeking a divorce. The reasons that you are choosing to end your marriage effectively make up the grounds for your divorce.
Deciding the grounds upon which to file your divorce complaint can impact the rest of your case. An attorney can help you determine the grounds for your divorce in Ocean County and advise you on your legal options.
Grounds for No-Fault Divorce Cases
In a no-fault divorce, the parties are choosing to end their marriage due to irreconcilable differences. No-fault divorce cases became legal in Ocean County in 2007. When filing a no-fault divorce complaint, the parties do not need to include any specific accusations that the other individual engaged in wrongful conduct.
To file for irreconcilable differences, a party must state that the breakdown of the marriage lasted a minimum of six months.
It is also possible to file by simply claiming separation as the grounds for divorce. A couple must live apart for a minimum of 18 months before filing using separation as the grounds for divorce. An Ocean County lawyer can explain whether no-fault grounds are the appropriate strategy in a given divorce case.
Grounds for Fault-Based Divorce
There are many different fault-based grounds for divorce in New Jersey. Fault-based grounds include:
- Extreme cruelty
- Voluntary addiction to drugs
- Habitual drunkenness
- Institutionalization based on mental illness
- Deviant sexual conduct
If a person chooses to file for divorce based on one of these grounds, they must prove to the court that the other party engaged in any wrongful actions. Proving grounds for divorce may require the use of a private investigator, as well as the exchange of discovery, including the exchange of documents, written answers to questions under penalty of perjury, depositions, subpoenas, financial documents, and other information illustrating the behavior that is being called into question.
A well-practiced attorney can assist an individual in gathering the needed materials and information to prove grounds for an Ocean County divorce.
Deciding Which Type of Divorce To File
Filling a no-fault divorce is a popular option. When beginning the divorce process, filing a no-fault claim can reduce the hostility and make the process significantly less contentious. A no-fault divorce could also prevent the need to engage in costly investigations of the behavior of the other party. Overall, filing a claim for irreconcilable differences may help preserve the privacy of the involved parties.
Fault-based divorces may be worth pursuing in certain situations. For instance, proof of an affair may lead to certain financial advantages. In regards to child support, alimony, or equitable distribution of property, one should not assume that courts will significantly favor an individual just because their spouse committed adultery. However, if the adulterous individual spent significant funds on the person with whom they were having an affair, the wronged spouse may be able to recover reimbursement.
Additionally, factors such as custody determinations could be impacted in cases where one spouse displayed cruelty, abuse, or addiction. An experienced attorney can review the facts of a case and help highlight the possible advantages of filing a no-fault or a fault-based divorce in Ocean County.
Reach Out to an Attorney in Ocean County to Learn About Grounds for Divorce
Divorce can be a tricky and drawn-out process. Choosing the legal grounds for marriage dissolution can impact how the rest of the case will play out.
While divorce can be an emotional process, it is important to be strategic in choosing the reason for filing for divorce to maintain an ideal outcome for you and your family. A well-versed attorney can walk you through this process and choose the appropriate grounds for divorce in Ocean County. Call today to discuss your case and learn more.