Is Drug Addiction a Ground for Divorce?

New Jersey law provides for both no-fault divorce and fault-based divorce. In a no-fault divorce, the reason for the divorce is often referred to as “irreconcilable differences.” This means that the parties simply can no longer live together and don’t want to continue their marriage, for whatever reason. On the other hand, there are specific grounds or reasons that form the basis for the “fault” divorce. The spouse who has filed for divorce based on a certain ground must produce evidence proving that ground. One such ground is drug and/or alcohol addiction. N.J.Stat.2A: 34-2.

In order to get divorced in the state of New Jersey due to drug addiction, you must prove that your spouse’s drug addiction has lasted for at least one year or more. The addiction must be continuous and significant enough to damage the marriage beyond repair. The only proof necessary for this divorce ground is that your spouse’s addiction actually existed. Even if your spouse seeks treatment at some point during your marriage, you may still be able to get divorced based on the ground of drug addiction.

In addition to providing evidence of drug addiction, you must meet the other requirements for getting divorced in the state of New Jersey. For example, one spouse must have lived in New Jersey for at least one year before filing for divorce. N.J.Stat.2A:34-10. If neither you nor your spouse meets this requirement, then you either will have to wait until one of you does meet the residency requirement, or look into getting divorced in another state, where the residency requirements may differ.

The attorneys of Argentino Family Law & Child Advocacy, LLC , know how stressful, emotional, and complex legal proceedings can be, from divorce and child custody to parentage and adoption. If you are looking for help with a legal matter involving families or children, you need the advice and guidance of one of our attorneys. Contact our office today to set up a meeting with an experienced lawyer at Argentino Family Law & Child Advocacy, LLC, and learn how we can help you with your legal case.

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