Legal Question in Family Law in New Jersey
No Fault, Mutual Consent - is 18 months separation necessary?
If both husband and wife are eager to get divorced, but do not want to 'find faults', is it possible to get divorced immediately, without having to stay separately for 18 months - Under separate roofs?
What is the section 16 904 C (Mentioned in the movie - War of Roses) which specified that husband and wife can live under the same roof, as long as they don't share bed and board.
1 Answer from Attorneys
Re: Is separation necessary to get no-fault divorce?
You really need to be separated for 18 months to achieve a no-fault divorce. However, why not utilize "extreme cruelty." There is no married couple in America that cannot find some act that can be characterized as "extreme cruelty." There was a Judge in Camden County at one time who said that if your spouse picked his nose in public, that could be characterized as "extreme cruelty." You get the point. If he yelled at you in public, got drunk and embarrased you, you've got grounds,(think about it; I'm sure you'll come up with something!) Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. As to the movie, divorce laws are different from state to state. They could have been referring to a real statute in California (I believe that's where the movie took place) or it could have been made up. And are you really relying on movies for legal advice? If so, see "Liar Liar" with Jim Carrey. Good luck! Rob Gleaner