Grounds for a Divorce

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In order for a spouse to file a complaint for divorce in New Jersey he/she must allege the specific grounds upon which the divorce is based.  Grounds are the legal reasons (also called causes of action) upon which the court may grant a divorce.  No-fault grounds are irreconcilable differences or living in separate residences for a period of at least 18 months.  In order to allege irreconcilable differences, one must merely allege that the spouses have experienced irreconcilable differences for a period of six or more months which have caused the irretrievable breakdown of the marriage.  Fault grounds include adultery, extreme cruelty, separation, voluntarily induced addiction, institutionalization for mental illness, imprisonment, desertion, habitual drunkenness or deviant sexual conduct.  It is important to note that fault is not a factor which is taken into consideration in any financial issues between the parties.