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Fault-Based Divorce Grounds in Monmouth County

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 divorce 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.

Considering Fault-Based Grounds? Some Food for Thought.

There certainly are situations where there are fault-based grounds for divorce. However, pursuing fault-based grounds introduces personal issues into the complaint and, if the divorce is heard in court, the documents and proceedings become public information.

That said, pursuing fault-based grounds may be a good strategy. The only way to determine what is right in your situation is to consult an experienced Monmouth County divorce lawyer like Steven P. Monaghan.

Not Sure How to Pursue Your Divorce? Call Us. We Can Help.

There are many ways to file for divorce in New Jersey but not all ways are the best in every situation.

The only way to know for sure is to talk to us, the family law attorneys at the Law Office of Steven P. Monaghan, LLC in Monmouth County. To scheduleyour free initial consultation call our offices today at (732) 624-6343.

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