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What is Extreme Cruelty and How Do I Prove It?
This is the most commonly used ground for divorce. More than one-half of the divorces in New Jersey are based on extreme cruelty. This ground includes all acts of physical violence and acts of mental cruelty which endanger your safety or health or which make continued living together unreasonable or improper. There is no waiting period.
Common factors for Extreme Cruelty are as follows:
To file a Complaint based on extreme cruelty you must state in writing that your husband is guilty of conduct which you find unreasonable. The standard for determining whether his conduct is unreasonable is subjective. Subjective is what you find to be unreasonable, not what someone else would find unreasonable.
New Jersey is an equitable distribution state, meaning that the division of property in a divorce is to be done fairly, not necessarily equally. The court can take into consideration any factor it deems relevant when dividing property, but it must consider certain factors, such as how long the couple was married and the age and health of both spouses, the income or property brought to the marriage by each spouse, the standard of living that was achieved during the marriage, and the extent to which one spouse may have deferred career goals, among others.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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