People frequently ask me how long they must be separated before filing for divorce in New Jersey.
The answer is simple: You do not have to be separated at all.
You can file for divorce while you and your spouse are still living in the same house, sitting on the same sofa or even sleeping in the same bed.
What About the Six-Month Requirement?
Most New Jersey divorces are filed based on irreconcilable differences.
This ground requires irreconcilable differences to have caused a breakdown of the marriage for at least six months, with no reasonable prospect of reconciliation.
That does not mean you must have lived in separate homes for six months. The marriage must have been broken for that period. Your addresses do not need to be different.
Why Do People Think They Must Separate First?
One of New Jersey’s other grounds for divorce is separation for at least 18 consecutive months. However, you do not have to use that ground.
New Jersey recognizes several grounds for divorce, and most people do not wait 18 months before filing simply because they believe separation is required.
Can You Remain in the Same House During the Divorce?
Yes.
Some spouses continue living together after the divorce complaint is filed because of finances, children, housing availability or other practical concerns. Living together may be uncomfortable, but it does not automatically prevent the divorce from moving forward.
Before moving out, however, speak with an attorney about how the decision could affect your finances, access to the home and parenting arrangements.
The Bottom Line
You do not need to live separately for even one day before filing for divorce in New Jersey.
If you file based on irreconcilable differences, the issue is whether the marriage has experienced a six-month breakdown, not whether you and your spouse have maintained separate residences.
If you are considering divorce, my free Divorce Smarter Course can help you understand the process before making important decisions.
Steve