In December, 2006, the state Assembly of New Jersey gave final legislative approval to a bill that allowed couples to obtain divorces based on irreconcilable differences.Previously, couples seeking a divorce had to either allege fault or wait out an 18-month period of separation. The new legislation added a new cause of action for "irreconcilable differences which have caused the breakdown of the marriage" for six months" and which "make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation." The bill had the broad support of the New Jersey matrimonial bar, including the State Bar Association.

Subsequently, in January, 2007, Section 2A:34-2 of the New Jersey Statutes, which sets for the causes of action for divorce, was amended to include the newly enacted provision. Section 2A:34-2 now has a subdivision (i), which provides that a divorce may be obtained when:

  Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.

The New Jersey Legislature's bill, and the resulting changes to Section 2A:34-2, puts New Jersey at the forefront of the increasing number of states that have sought to enable spouses to pursue divorce without resorting to allegations of "bad behavior". Hopefully, this change in the law will enable more couples to avoid the vitriolic, personal attacks that typically serve little or no practical purpose, and that add to the already considerable pain faced by couples who have decided that their marital relationship cannot be salvaged.

As a matrimonial attorney with fourteen years of experience, I share the view expressed by many of my colleagues that the reduction of hostility in divorce matters will promote the best interests of both the litigants and the courts. Couples who seek judicial intervention to end their marriages do not benefit from artificial barriers designed to slow their divorces or limit their options. I believe that Section 2A:34-2(i) will assist in reducing needless emotional suffering, and increase the ability of the litigants, their attorneys, and the Courts to focus on the important financial, custodial, and other issues that must be resolved.

By: Marc A. Rapaport, Esq., 350 Fifth Avenue, Suite 4400, New York, NY 10118 All Rights Reserved.