Do you have to be separated for 18 months before you can get divorced in New Jersey?
No.
New Jersey still recognizes 18 months of separation as a ground for divorce. But since irreconcilable differences became available as a no-fault ground, filing based on 18 months of separation has become far less useful for most divorcing couples.
Here's why.
New Jersey law allows you to file for divorce when you and your spouse have lived separate and apart in different homes for at least 18 consecutive months and there is no reasonable prospect of reconciliation.
Years ago, this provided an important no-fault path to divorce.
Instead of accusing your spouse of adultery, extreme cruelty, desertion, or another form of marital misconduct, you could establish that you had been separated long enough to demonstrate that the marriage was over.
The obvious problem?
You had to wait 18 months.
New Jersey later added irreconcilable differences as another no-fault ground for divorce.
And that changed things dramatically.
To file based on irreconcilable differences, you generally need to allege that the differences have existed for at least six months, caused the breakdown of the marriage, and that there is no reasonable prospect of reconciliation.
Most importantly, you do not have to live separately for those six months.
You can still be living in the same house and file for divorce based on irreconcilable differences.
That is one major reason why the old 18-month separation ground is used much less frequently today.
There can still be circumstances where the separation ground makes sense.
If you and your spouse have already lived separately for 18 months or longer, you may satisfy the requirements.
A lengthy separation may also give some couples time to reflect, adjust to living separately, work through financial issues, or determine whether reconciliation is possible.
But you generally do not need to wait 18 months simply because you want a no-fault divorce.
For many people, waiting 18 months doesn't accomplish much.
If you already know your marriage is over, an extended separation can leave important issues unresolved.
What happens with the house? Who pays which bills? What happens with parenting time? What about child support or alimony? What happens to assets and debts accumulated while you remain married?
Waiting doesn't necessarily make those issues easier.
And if you qualify to file based on irreconcilable differences, there may be little reason to delay the divorce simply to satisfy the 18-month separation ground.
For most of my clients, irreconcilable differences is the more practical ground for divorce in New Jersey.
You don't have to accuse your spouse of wrongdoing.
You don't have to prove adultery or extreme cruelty.
And you don't have to live in separate homes for 18 months before you can file.
Instead, you can focus on the issues that actually matter: your children, your finances, your home, alimony, child support, and dividing your assets and debts.
Those issues will usually have a much greater impact on your future than the ground you select for divorce.
You do not have to be separated for 18 months to get divorced in New Jersey.
The 18-month separation ground still exists, but the introduction of irreconcilable differences gave divorcing spouses a much more practical no-fault option.
If your marriage is over, don't assume you have to move out and wait a year and a half before you can do something about it.
Understand your options first.
Until next time,