Divorce

Currently parties in the state of New Jersey can be divorced using one or more of the following causes of action pursuant to NJSA
2A:34-2.

1. Adultery;
2. Willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife;
3. Extreme cruelty, which is defined as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; provided that no complaint for divorce shall be filed until after 3 months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim;
4. Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; provided, further that after the 18-month period there shall be a presumption that there is no reasonable prospect of reconciliation;
5. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c.226 or habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
6. Institutionalization for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
7. Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant’s release, the parties have not resumed cohabitation following such imprisonment;
8. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff;
9. Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation. 

In most divorce cases, the custody of the children and the amount paid in support and/or equitable distribution are not affected by the cause of action for divorce.  One of the parties to a divorce in New Jersey must be a resident of the state of New Jersey for 12 months prior to filing so that the New Jersey Court has jurisdiction.  Most divorces are settled before trial.  At Helfand & Associates we believe that if parties can work out an amicable resolution either through negotiation or mediation it is certainly preferable to trying the case.  Under certain circumstances there is no alternative but to bring a family matter to trial and we are prepared to handle this for you as well if necessary.  Please call our office at (973) 366-3500 in Rockaway or (973) 992-2600 in Livingston.