New Jersey is a no-fault jurisdiction. Whether both parties agree or not, one can always obtain a divorce assuming that he or she meets the residency requirement, which is that the party must reside in the State of New Jersey for at least one year prior to filing for divorce and that the party was a bona fide resident of the State of New Jersey when the cause of action for divorce arose. Assuming that the party wishes to proceed under a cause of action for irreconcilable differences, that party must also be able to allege that such irreconcilable differences have caused the breakdown of the marriage for a period of 6 months or more.
Answered on Oct 19th, 2012 at 12:41 PM