New Jersey Family Law - Fault
Divorce Causes of Action
Extreme Cruelty
Extreme cruelty includes any
physical or mental cruelty that makes it improper or
unreasonable to expect the victim to cohabitate with his or
her spouse. N.J.S.A. 2A:34-2(c).
Adultery
The courts have held that
"adultery exists when one spouse rejects the other by entering
into a personal intimate relationship with any other person,
irrespective of the specific sexual acts performed; the
rejection of the spouse coupled with out-of-marriage intimacy
constitutes adultery". New Jersey Court Rule 5:4-2 requires that
the plaintiff in an adultery action state the name of the person
with whom the offending conduct was committed. If the name is
not known, the plaintiff must give as much information as
possible tending to describe the person.
Desertion
Willful and continuous
desertion by one party for a period of 12 or more months and
adequate proof that the parties have ceased to live together as
man and wife constitutes desertion under N.J.S.A. 2A:34-2(b). It
is important to note that the parties may live in the same
house. The crucial element here is "as man and wife". Thus,
desertion may be claimed after 12 or more months of no sexual
relations.
Addiction
Under N.J.S.A 2A:34-2(e),
addiction involves a dependence on a narcotic or other
controlled, dangerous substance or a habitual drunkenness for a
period of 12 or more consecutive months immediately preceding
the filing of the complaint. The evidence must show that the use
of alcohol and drugs was persistent and substantial.
Institutionalization
When one spouse has been
institutionalized for mental illness for a period of 24 or more
consecutive months after the marriage and prior to the filing of
the complaint, institutionalization is a ground for divorce
under N.J.S.A. 2A:34-2(f). The issue to be determined is whether
or not the spouse is able to function as a working partner in
the marriage.
Imprisonment
Imprisonment as a ground for
divorce occurs when a spouse has been in prison for 18 or more
months after the marriage. N.J.S.A. 2A:34-2(g). The parties must
not have resumed cohabitation after the imprisonment.
Deviant Sexual Conduct
This is a ground for divorce
upon proof that defendant/spouse has engaged in deviant sexual
conduct without the consent of the plaintiff spouse. N.J.S.A.
2A:34-2(h).
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Diamond is the smart choice when you find yourself in need of
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