On what basis may a divorce be granted?

New Jersey law provides the following grounds for divorce:

• separation for 18 consecutive months (“no fault”) — parties must live in separate residences during this time;
• extreme cruelty (physical or mental);
• adultery;
• willful desertion for at least 12 months;
• habitual drunkenness or voluntary addiction;
• institutionalization for mental illness for at least 24 consecutive months;
• imprisonment for at least 18 consecutive months;
• deviant sexual conduct.

The fault or wrongdoing of a party in a divorce action has no bearing on how assets will be divided that were acquired during the marriage. The Court may, but rarely does, consider the grounds for divorce as a factor in determining alimony. So even though fault is an emotional factor in a divorce, it has little influence on the terms of a final settlement.

David Wildstein, Esq. has been practicing matrimonial law for more than 30 years. He heads the 12-member family-law department of Wilentz Goldman Spitzer P.A. in Woodbridge, NJ and New York City. He has been listed in Best Lawyers in America.