How Long Do You Need To Separate Before Divorce in NJ?

When it comes to divorce, many people believe that they need to separate from their spouse before filing for a divorce.

They don't.

They can, though, if they want to.

This is because in the state of New Jersey, there is no legal requirement for couples to separate before seeking a divorce (unless they choose to file based upon the ground of "18 months separation".)

Under NJ law, a divorce can be filed based on "irreconcilable differences" grounds (or any of 8 other grounds).

"Irreconcilable differences" means that the marriage has broken down irretrievably and there is no reasonable prospect of reconciliation. 

In addition to the "irreconcilable differences"  grounds, New Jersey also recognizes other grounds for divorce, such as being separated for 18 months or more, adultery, extreme cruelty, and desertion.

It is important to note that while New Jersey law does not require couples to separate before seeking a divorce, separating can be a practical decision for many couples.

Separating can allow couples to physically and emotionally distance themselves from each other, which can make the divorce process less contentious.

It can also give each party the opportunity to establish their own separate lives and routines

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