New Jersey Divorce and Family Law

New Jersey recognises both fault and no-fault grounds for divorce. N.J.S.A. 2A:34-2 lists them: adultery; willful and continued desertion for twelve months; extreme cruelty; separation for eighteen consecutive months; voluntarily induced addiction or habituation to a narcotic drug or alcoholism for twelve consecutive months; institutionalization for mental illness for twenty-four consecutive months; imprisonment for eighteen or more consecutive months; deviant sexual conduct; and irreconcilable differences for six months. Law Offices Of SRIS, P.C. handles New Jersey family matters. Call (888) 437-7747.

Irreconcilable Differences Is the Usual Route

Subsection (i), irreconcilable differences for a period of six months, is the ground most commonly pleaded because it requires no allegation of misconduct and no waiting period of the length the separation ground demands. Choosing a fault ground where a no-fault ground is available adds contested factual issues to a case that will be decided on financial and parenting questions anyway, and it rarely changes the outcome on those.

Where Fault Still Matters

New Jersey retains fault grounds, and there are circumstances in which conduct bears on the financial outcome, particularly where it involved dissipation of marital assets. That is a financial question rather than a moral one. Pleading a fault ground for its own sake generally lengthens and embitters a case without improving the result, which is why the decision belongs to strategy rather than to feeling.

Frequently Asked Questions

Does New Jersey have no-fault divorce?

Yes. N.J.S.A. 2A:34-2(i) provides for irreconcilable differences for a period of six months, and subsection (d) provides for separation for eighteen consecutive months. New Jersey recognises both fault and no-fault grounds.

Do I need to prove misconduct?

No. Irreconcilable differences requires no allegation of misconduct. Fault grounds remain available under the statute but pleading one adds contested issues without usually changing the financial or parenting outcome.

How long must we be separated?

The separation ground under subsection (d) requires eighteen consecutive months. The irreconcilable differences ground under subsection (i) requires a period of six months and no separation as such, which is why it is the more commonly used route.

About Mr. Sris

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, and that experience shapes how he builds a documentary record and reads the other side’s file. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to complex financial cases, which is where a contested matrimonial matter usually turns. Mr. Sris and the firm’s Of Counsel attorneys handle New Jersey matters together, with the division of work set at the start of the engagement.

Speak With Mr. Sris

Request a consultation. Reach our location at (888) 437-7747. Bring tax returns, statements for every account, any agreement signed before or during the marriage, entity documents for any business interest, and a short written timeline. That material lets the first conversation move past intake and into the questions that decide the case.

Last updated: August 25, 2026

This page provides general information about New Jersey family law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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