Introduction

In New Jersey, as in many other states, the process of divorce can be a complex and emotionally charged journey. One common question that individuals often ponder is how long they must be separated before they can file for divorce. This article will provide a comprehensive guide to help you understand the legal requirements and the implications of separation in the context of divorce in the Garden State.

What Does Separation Mean in New Jersey?

Before delving into the timeframe required for separation, it's essential to understand what separation means in the context of New Jersey divorce law. In the state, separation generally refers to living apart from your spouse with the intention of ending the marital relationship. It doesn't necessarily mean living in separate households but involves the cessation of marital relations.

Understanding No-Fault Divorce

New Jersey is a no-fault divorce state, which means that you don't need to prove any specific wrongdoing by your spouse to get a divorce. Instead, the most common ground for divorce in the state is "irreconcilable differences." This emphasizes that you and your spouse have experienced problems in your marriage that cannot be resolved.

How Long Must You Be Separated?

Now, let's address the question at the heart of this topic: how long must you be separated before you can file for divorce in New Jersey? The answer is 18 months. Under New Jersey law, if you and your spouse have lived separately and apart for at least 18 months, you meet the statutory requirements for a no-fault divorce.

Legal Separation vs. Physical Separation

It's important to note that the 18-month separation period doesn't require a legal separation, which is a formal, court-approved separation. In New Jersey, you can be physically separated while still legally married and fulfill the requirement for a no-fault divorce as long as you've lived apart for the specified duration.

The Benefits of a No-Fault Divorce

No-fault divorce offers several advantages. It simplifies the divorce process, reduces the emotional strain of proving fault, and typically leads to a smoother resolution. This approach is especially beneficial when both parties agree that their marriage is irretrievably broken.

What If You Don't Want to Wait 18 Months?

If you believe that waiting 18 months for a New Jersey divorce is not feasible or desirable, you do have options. In New Jersey, you can file for divorce based on other grounds, such as adultery or extreme cruelty, which don't require a waiting period. However, these grounds may involve proving fault, and the process can be more contentious.

Conclusion

In conclusion, in New Jersey, you must be separated for 18 months to file for a no-fault divorce based on irreconcilable differences. This separation doesn't require legal documentation but does involve living apart with the intent to end the marital relationship. No-fault divorce simplifies the process and minimizes the need to prove wrongdoing, making it a popular choice for couples seeking a more amicable separation.