Should you file for divorce based on Adultery or Extreme Cruelty?

New Jersey permits a party to seek divorce based on various causes of action.  The simplest basis to obtain a divorce is “irreconcilable differences” which is available to anyone who has resided in the State of New Jersey for at least one year and only requires a breakdown in the marriage which has persisted for at least six months.  This is by far the most common basis to obtain a divorce. 

However, these are not the only grounds to obtain a divorce.  In addition to Irreconcilable Differences, New Jersey also permits married parties to obtain a divorce based on: Adultery, Desertion, Extreme Cruelty, Separation, Voluntary Addiction to Narcotic Drugs, Habitual Drunkenness, Institutionalization for Mental Illness, Imprisonment and Deviant Sexual Conduct. 

Oftentimes, seeking a divorce on these alternate grounds is unnecessary.  It often conveys no legal advantage, may require extra procedural steps that increase costs and can make an already tense case even more litigious and emotionally charged.  There are two important exceptions however, that may warrant filing based on these other grounds.  A spouse seeking a divorce based upon Adultery does not need to have resided in the State for at least one year.  For residents who have newly arrived in New Jersey this may be the only filing option.  Additionally, a party who has personal injury/tort claims against their spouse may want to file for divorce based upon “Extreme Cruelty” for strategic reasons. 

Given this, it is important to have an attorney evaluate your case and guide you in the most beneficial way to file for divorce.