New Jersey is a state that allows a divorce petitioner to cite fault-based grounds upon filing. Essentially, fault-based grounds are the specific reasons the petitioner believes their marriage has failed. Further, it alludes to their belief that their soon-to-be former spouse was primarily or solely responsible for their marriage failing. Claiming such grounds is what leads to litigated divorce proceedings. With that being said, please follow along to find out the fault-based grounds you can cite and how a proficient Morris County divorce lawyer at Graves Andrews, LLC can help you get the best possible outcome for your case.
What fault-based grounds can I cite for my divorce case?
Simply put, fault-based grounds generally have to do with one spouse participating in specific actions or behaviors that are wrong or harmful. Ultimately, such actions or behaviors may have driven the other spouse toward wanting to part ways and officially end their marriage. Without further ado, the most commonly cited fault-based grounds in New Jersey divorce cases read as follows:
- Adultery: this is when one spouse engages in devious sexual relations outside of their marriage with the other spouse.
- Cruelty: this is when one spouse physically, mentally, emotionally, or financially abuses the other spouse (i.e., domestic violence).
- Abandonment: this is when one spouse intentionally leaves the marital home without consent or reason for at least 12 consecutive months.
- Habitual drunkenness: this is when one spouse has a substance abuse problem they are unwilling to resolve and that negatively impacts their marriage.
- Institutionalization: this is when one spouse has been institutionalized for a diagnosed mental illness for at least 24 months since their marriage began.
- Imprisonment: this is when one spouse has been ordered to serve a prison sentence of at least 18 months and this took place after their marriage began.
Can fault-based grounds impact my divorce case’s outcome?
Many prospective divorce petitioners are initially wary of citing fault-based grounds because this is eventually made public record. However, the upside here is that fault-based grounds may indirectly cause the New Jersey family court to decide on a more favorable outcome for the petitioner. This is compared to more neutral, equal divorce-related terms (i.e., property division, alimony and child support, child custody, etc). with no-fault grounds.
For example, say that you cite abandonment in your divorce petition. Well then, the court may grant you a larger share of your marital property that your spouse left behind when they deserted you. Like, you may have been made solely responsible for making necessary repairs to your marital home and paying its monthly mortgage during this time.
Also, say you claim habitual drunkenness or institutionalization. With this, the court may deem your spouse parentally unfit to care for your child. In turn, they may grant you sole custody rights and your spouse a supervised visitation schedule.
In a final example, say you establish your spouse’s cruel actions and behaviors toward you and your child during your marriage. If the court considers this to be an extreme domestic violence incident, they may even award you with punitive damages. This may be in addition to a larger alimony and child support order to compensate for the hardship you faced during this time.
If you have any outstanding questions yet to be answered, please ask a talented Morristown family law attorney. Anyone at Graves Andrews, LLC can offer the support you need.
