Family Law in NJ: Grounds for Divorce

When filing for divorce in New Jersey, you must include the grounds, or reason for, the divorce in your petition. There are two types of grounds for divorce, fault and no-fault. In a no-fault divorce, the filing party does not have to prove that the other did anything wrong.  There are seven fault grounds for divorce in New Jersey, and two no-fault grounds. No-fault grounds include:

a. 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; and

b. 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.

Other grounds for divorce in New Jersey include:

a. Adultery;

b. 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;

c. 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;

d. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act or habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;

e. Institutionalization for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;

f. 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; and

g. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff.

 For further details visit Family Law Attorney New Jersey or wants an appointment contact Hackensack Divorce Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
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201-343-6800

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NJ Family Law Common Terms Defined

Defamation Laws in NJ

Although the United States Constitution, as well as the Constitution of New Jersey, guarantees  a right to free speech, there exists a common law principle in New Jersey that every man has the right to his good name, free from unjustified smears. Because of this, a speaker or writer is held liable for a false and defamatory statement, regardless of fault.  Defamatory statements are considered false, and a speaker or writer has the burden of proving the truth of a challenged statement. The standard of proof in a defamation claim may be actual malice, when the claim involves matters of public interest, or negligence, when the speech does not involve matters of public concern.

The State of New Jersey has found that when speech involves matters of public interest, it is protected by the common law privilege of fair comment. Fair comment is a defense to a defamation action, when the words are a fair comment on a matter of public interest or concern. To overcome the fair comment defense, a Plaintiff must prove actual malice, or that the speaker or writer knew the statement to be false or acted in reckless disregard to its truth or falsity. Actual malice must be proven by clear and convincing evidence. In determining whether speech involves a matter of public interest or concern, the Court relies on the common law. When judging how to apply the common law in new circumstances, and the degree to which speech deserves protection, the Court considers the public interest in the free and uninhibited flow of information, the speaker's ability to exercise due care, and the individual's need for legal recourse if his good name is subject to false and defamatory verbal attacks. Speech that does not involve matters of public concern requires that greater weight be placed on an individual's interest in his reputation. In such cases, negligence is the appropriate standard of care. The standard of proof in a negligence claim is a preponderance of the evidence.

Defamation laws in NJ provide redress for a party whose reputation has been damaged by a false and defamatory statement negligently made by a speaker or writer. The action is based in common law, and in deciding defamation cases, the Courts attempt to balance a person’s right to free speech with a person’s right to his good name.  

Sources:

Senna v. Florimont, 958 A.2d 427,  (N.J. Super. 2008)

Costello v. Ocean County Observer, et al., 643 A.2d 1012, (N.J. Super 1994)

For further details visit New Jersey Family Law Attorneys, or wants an appointment contact Bergen County Divorce Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808