New Jersey Divorce Attorney Focused on Men’s Family Law

What are the grounds for filing for divorce in New Jersey?

In New Jersey, there are no-fault divorce grounds and fault divorce grounds. The no-fault ground requires that the parties have been separate and apart for 18 consecutive months, indicating there is no reasonable prospect of reconciliation.

Fault grounds in New Jersey include the following:

• Irreconcilable Differences. Here, the parties may be living together and file for divorce if they can show irreconcilable differences existed for 6 months or more.
• Extreme mental or physical cruelty
• Adultery
• Desertion
• Constructive desertion
• Habitual drunkenness or drug habituation
• Imprisonment
• Institutionalism
• Deviant sexual behavior
• Divorce from bed and board, which is essentially legal separation.

Both parties must apply for this relief and it can be later converted into a divorce action.

How much will my divorce cost?

The cost of your divorce depends entirely on the complexity of your case and the behavior and cooperation (or lack thereof) of the opposing party. If your case involves child custody and child support, the matter will be more costly.

If your case involves a complex marital estate the matter will be more costly. The less complex a matter, the more affordable it may be.

Nevertheless, look at your case. Is it very complicated and is the other side likely to argue over most issues? If so, you are looking at more attorney fees.

Can I annul my marriage?

Annulments are available if one of the following can be shown:

• Either spouse has another spouse at the time of marriage.
• The parties are related and closer than first cousins.
• The male spouse is impotent and the other spouse did not know prior to marriage.
• Either of the parties lacked the capacity to marry at the time of marriage due to any of the following: mental condition, intoxicants, or drugs.
• There was a lack of mutual assent to the marriage as a result of duress or fraud.
• The demand for an annulment is made by a spouse who was under 18 at the time of marriage and he/she did not ratify the marriage after turning 18.

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Who will get custody of our child?

The analysis is centered on the best interests of the children. New Jersey law requires that both parents are equal regarding their custody rights.

Can a parent refuse to allow another parent visitation?

No. A petition for contempt of court should be filed.

Can I modify custody?

You can always modify a custody order if it is in the best interests of the children and if there has been a change in circumstances.

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