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legaleagle
legaleagle, Lawyer
Category: Family Law
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Experience:  Practicing attorney for 10 years
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I am seperated from my wife but we still live with each other.

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I am seperated from my wife but we still live with each other. If we move to New Jersey what do I have worry about if we get a divorce?

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The grounds for divorce in NJ are not difficult to meet, so that will not be a worry. But NJ is not a community property state like CA. So the division of assets would be different. The division is based on equitable division between the parties according to their needs and ability to provide for themselves after the divorce. But if you are separated and have separate assets when you move to the state and keep them separate while you live there, it should not be a big issue.

The following grounds may be used for divorce in New Jersey:

(1) 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.

and

(2) Living separate and apart for 18 months and no reasonable prospect of reconciliation. [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

In addition to the no-fault grounds for divorce, New Jersey has fault grounds. These fault grounds include:

Extreme cruelty includes any physical or mental cruelty which makes it improper or unreasonable to expect that individual to cohabitate with their spouse. N.J.S.A. 2A:34-2(c).

Adultery
The courts have held that "adultery exists when one spouse rejects the other by entering into a personal intimate relationship with any other person, irrespective of the specific sexual acts performed; the rejection of the spouse coupled with out-of-marriage intimacy constitutes adultery." New Jersey Court Rule 5:4-2 requires that the plaintiff in an adultery divorce case, state the name of the person with whom the offending conduct was committed. This person is known as the corespondent. If the name is XXXXX XXXXX the person who files must give as much information as possible tending to describe the adulterer.

Desertion
The willful and continuous desertion by one party for a period of twelve or more months, and satisfactory proof that the parties have ceased to cohabit as man and wife constitutes desertion under N.J.S.A. 2A:34-2(b).

Addiction
Under N.S.J.A 2A:34-2(e), addiction involves a dependence on a narcotic or other controlled, dangerous substance, or a habitual drunkenness for a period of twelve or more consecutive months immediately preceding the filing of the complaint.

Institutionalization
When one spouse has been institutionalized for mental illness for a period of twelve or more consecutive months subsequent to the marriage and preceding the filing of the complaint, institutionalization is a ground for divorce under N.J.S.A. 2A:34-2(f).

Imprisonment
Imprisonment as a ground for divorce occurs when a spouse has been imprisoned for eighteen or more months after the marriage. N.J.S.A. 2A:34-2(g).

Deviant Sexual Conduct
Deviant Sexual Conduct occurs if the defendant engages in deviant sexual conduct without the consent of the plaintiff spouse. N.J.S.A. 2A:34-2(h).

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