Handling Complex Family Matters in Monmouth County
On your first contact with the Law Offices of Steven P. Monaghan, LLC, you will see just how serious we are about putting clients first. Each Red Bank divorce attorney at our firm is well aware that the uncertainty caused by lack of information greatly increases the stress of divorce or other family law matters. We will take the time to learn about your case and educate you, eliminating all uncertainty. Then our divorce lawyers in Red Bank will work with you to design a customized legal strategy.
Our firm is committed to providing quality counsel. Our divorce lawyers will remain by your side from the start to finish of the New Jersey divorce process, refusing to back down from the challenges that arise. With your future at stake, our divorce lawyers in Red Bank are ready to go the distance to protect you.
Grounds for a No-Fault Divorce
Irreconcilable differences were added by the New Jersey Legislature as a no-fault ground for divorce in 2007. Irreconcilable differences means any difference that has arisen between the spouses which can not be reconciled, and which has caused an irretrievable breakdown of the marriage. The breakdown must have lasted for more than six months prior to the filing of the Complaint for Divorce. There need not be proof of the differences or the breakdown of the marriage. The adopted of the irreconcilable differences cause of action greatly eased the filing requirements to obtain a divorce in New Jersey.
18-month separation had traditionally been the no-fault grounds for divorce in New Jersey. Prior to 2007, this was the only no-fault grounds for divorce in New Jersey. When the New Jersey State Legislature adopted irreconcilable differences as a no-fault grounds for divorce in New Jersey in 2007, it effectively eliminated the need for the 18-month separation as a no-fault grounds, and the filing under this basis is becoming rare.
What Are the Fault-Based Grounds for Divorce?
In addition to the no-fault grounds of irreconcilable differences and 18 months separate and apart, there are also fault-based grounds for obtaining a divorce in New Jersey. No matter what your grounds are, our Monmouth County attorneys have the diligence and skill you need to support you throughout the process.
The fault-based grounds for divorce are:
- Adultery: In the context of grounds for divorce, adultery is when one spouse rejects the other spouse by entering into a personal intimate relationship with another person.
- Desertion: Desertion is defined as leaving the marriage for 12 months or more, without the other spouse's consent and with no physical intimacy during that time. This does not need to be a geographical relocation; spouses can live in the same house, just not as husband and wife.
- Addiction: The addiction can be to drugs or alcohol and is considered as grounds for divorce when the behaviors of the addictive spouse are at such a level, frequency and duration (at least 12 months before filing for divorce) that it is claimed those behaviors destroyed the marriage.
- Incarceration or institutionalization: These can be grounds for divorce when one spouse is incarcerated for at least 18 consecutive months or is in a mental institution for at least 12 consecutive months.
- Extreme mental cruelty: When one spouse suffers psychological or emotional abuse due to the other spouse's belittling or controlling behavior for a period of at least three months before filing for divorce.
- Deviant sexual conduct: This conduct (as defined by law) is considered as grounds for divorce when engaged in without the other spouse's consent.
Recognized for Quality Divorce Counsel
Our Red Bank divorce attorneys put clients first and deliver quality always. This has earned our lawyers many honors and accolades, including certification by the New Jersey Supreme Court as a matrimonial law attorney and listings in Super Lawyers®. More important to us is the long list of satisfied clients we have helped, including one who said, "Thank you for getting us through this dark time. Aside from your legal expertise, you made us feel like it's okay to have a bad day and a good life."
Call the Law Offices of Steven P. Monaghan at (732) 624-6343 for a free consultation with a Red Bank, NJ divorce attorney.
Certified by the Supreme Court of New Jersey
Practicing Family Law Exclusively
Over 60 Years of Combined Experience
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