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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.
In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.
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