Irreconcilable Differences


by Bruce Matez Esq.

Divorce based upon “irreconcilable differences” has been available in New Jersey since March 9, 2007. A divorce can be granted based upon “irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.” (N.J.S.A. 2A:34-2(i)) This was a long-awaited change in our legislation that eliminates the need for spouses to allege particularized acts of fault such as extreme cruelty which only added to the cost and unnecessary acrimony of divorce proceedings. It also avoids the older no-fault cause of action from 1971 which requires an 18-month physical separation before filing for divorce. This newest cause of action brings a new level of civility and practicality to marital dissolution in New Jersey.