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How Long Do I Have to Be Separated to Get a Divorce?
Deciding to file for divorce is never easy. If you believe you are ready to file, it’s important to understand the requirements for purusing a divorce in New Jersey. Generally, the state does not require you and your spouse to be separated for a certain period to be eligible to file for divorce. However, citing certain grounds can have associated time requirements. As such, it’s in your best interest to enlist the help of a dedicated Ocean County Divorce Attorney who can help you navigate your legal options.
How to File for Divorce in New Jersey?
To initiate the divorce process in New Jersey, you must file a Divorce Petition with the court. However, before you can file the complaint, you must satisfy the residency requirements. To file for divorce, either spouse must have been a resident of the state for at least one year before filing. Once you have determined that you have met the residency requirements, you must establish the grounds for the divorce. The available grounds for divorce in New Jersey are:
- Adultery
- Addiction to drugs or habitual drunkness
- Desertion
- Deviant sexual conduct
- Extreme cruelty
- Imprisonment
- Institutionalization
- Irreconcilable differences
- Separation
How Long Do My Spouse and I Need to Be Separated to File for Divorce?
In various states, there is a requirement for couples to be separated for a certain before before they are eligible to file for divorce. Understanding New Jersey divorce laws is vital to avoid wasting time and resources. Living separately from your spouse is not a mandatory requirement to obtain a divorce in New Jersey. Nevertheless, depending on the grounds that you choose to file under, you may need to meet certain requirements regarding time spent apart.
New Jersey is a hybrid divorce state, which means it allows fault-based divorce as one of two options for dissolving a marriage, along with a no-fault divorce. If you choose to file a no-fault divorce on the grounds of irreconcilable differences you must demonstrate that these issues have lasted at least six months before you are permitted to pursue a divorce. If you choose to file on the grounds of separation, you must show that you and your spouse have been living separately for a minimum of 18 months to file for divorce.
As you can see, certain time requirements can impact your divorce. If you wish to file for divorce in New Jersey, please don’t hesitate to contact a determined Ocean County divorce attorney from the Law Office of Sarina Gianna, LLC, who can help protect your legal rights and fight for your future. Connect with us today to learn more about how we can guide you through these complex matters.
