Irreconcilable differences: what New Jersey's six-month rule actually means

Since 2007, New Jersey has had a true no-fault ground for divorce: irreconcilable differences, N.J.S.A. 2A:34-2(i). It is the ground almost every amicable divorce uses, because it requires nobody to accuse anybody of anything.

What the statute requires

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

That's the whole test. No separation requirement, no proof of fault, no testimony about who did what. The complaint states these elements; the plaintiff certifies they're true.

The six months, precisely

The differences must have existed for six months before the complaint is filed — the clock is counted backward from the filing date, not forward from it. A complaint filed five months after things fell apart is premature, and premature complaints get rejected. If you and your spouse have been discussing divorce for half a year already, the clock has almost certainly run.

You do not have to live apart

People confuse irreconcilable differences with New Jersey's older separation ground, which required 18 months of living apart. Under irreconcilable differences, spouses can share a house until the day of the judgment — many amicable couples do, for financial reasons. What matters is the marriage's breakdown, not the floor plan.

Where couples trip

• Filing before the six months have run — check the date arithmetic before anything else.
• Mixing grounds — an amicable case rarely benefits from adding fault grounds like desertion or cruelty; they invite exactly the conflict you're avoiding.
• Contradicting yourself — if your own paperwork says the differences arose in March and the complaint is filed in July, the numbers have to work.

Clear Parting Docs is not a law firm and this is general legal information, not legal advice about your situation. For advice you can rely on, talk to a New Jersey attorney — any one you choose.