Divorce may be defined as the legal termination of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like New Jersey commonly grant divorces because forcing a couple to remain married would be against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only acceptable justification for a divorce, even if fault grounds are present within the marriage. Other states, such as New Jersey, permit the parties to select either a no-fault or a fault divorce. Lawyers.com gives a comprehensive overview of divorce and separation law in the state of New Jersey.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot usually stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In New Jersey, the no-fault ground for a divorce is a continuous 18-month separation, during which time the spouses lived in separate residences.

Many states require a "cooling-off" period of separation for a specific length of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. In New Jersey, after the 18-month separation period, the divorce decree is made effective immediately, but is still subject to appeal.

Some states also allow fault grounds for divorce. Common fault grounds include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In New Jersey, the fault grounds for divorce are adultery, cruelty or violence, desertion for at least one year, drug/alcohol addiction, insanity or mental illness requiring confinement for two years or more, conviction of a crime with the corresponding sentence of 18 months or longer, and deviant sexual behavior without the spouse’s consent.

To be eligible for a divorce in New Jersey, at least one of the spouses must have been a resident of the state for at least one year. The process begins when one of the spouses files a complaint with the appropriate New Jersey superior court. The complaint needs only to state that the couple has lived separately for at least 18 months. After the 18-month period, the court will assume that no reasonable possibility of reconciliation exists.

Divorce laws differ widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including New Jersey, can be found at abanet.org.

*An example of a New Jersey Divorce Settlement Agreement can be found on Free Legal Aid.