Filing For Divorce In Ocean County
If a person chooses to file for divorce, New Jersey law requires that one member of the couple has been a resident of the State of New Jersey for at least one year. Once the residency requirement has been established, the decision on the part of the complainant to file for divorce can be due to “fault” or “no fault” grounds.
In the event that the complainant chooses to file for a “no fault” divorce, no reason needs to be given for the decision to dissolve the marriage other than “irreconcilable differences.” This is generally used when there is simply a decision that the couple can no longer live together, does not want to live together, or just wants to end the marriage for any reason. In other instances, it may be used to protect the other party from potentially embarrassing or damaging revelations that might come out in the divorce proceeding. When the decision is made to file for a “no fault” divorce, it might also require that there not be any contentious aspects and that the couple will not fight over marital assets and custody of the children. A complainant filing for a “fault” divorce has to give a specific reason and drug addiction is one of the reasons.
Grounds For Divorce In Monmouth County
When a complainant files for divorce due to the spouse's alleged drug addiction, there are also foundational aspects of such an allegation that must be satisfied for it to be a viable reason to file for divorce in a “fault” case. The spouse's drug addiction must be continuous for at least one year prior to the divorce complaint being filed and it is necessary to establish that there was a drug addiction for the grounds to be successful. The barometer for the establishment of one year of addiction does not necessarily have to be a full year of being high on drugs on a daily basis, but that the addiction was continuous and significant enough to damage the marriage beyond repair and lead to a divorce filing. It is not necessary for the spouse who is filing for divorce to prove a negative influence of drug addiction on the marriage. It is only needed to prove that the addiction exists. If the addicted spouse seeks treatment for the addiction before the filing for divorce was made, there might still be grounds for the case due to drug addiction. There are time limits that provide for a reasonable span between the marriage's destruction because of the addiction and the complaint being filed.
Speak To A Qualified New Jersey Divorce Lawyer
If you or a loved one are considering filing for divorce due to a drug addiction on the part of your spouse in Monmouth County, Ocean County or any other part of New Jersey, it's imperative to have qualified legal advice from the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey. Drug addiction can destroy a person's life and ruin a marriage. When a person has an addiction to drugs and it lasts for the requisite amount of time to be a justifiable reason for a “fault” divorce, the long-term effects can extend beyond the end of the marriage. In addition, if there are children in the marriage, the custody, and visitation rights for the addicted person will be severely limited. Even if you are choosing to file a “no fault” divorce, you still need legal advice.