reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:32C-9 - Immunity from civil liability; limitations on bringing an action.

2A:32C-9 Immunity from civil liability; limitations on bringing an action.
9. a. No member of the Legislature, member of the Judiciary, or senior Executive branch official may be civilly liable if the basis for an action is premised on evidence or information known to the State when the action was brought.
b. A person may not bring an action under this act based upon allegations or transactions that are the subject of a civil suit or administrative civil monetary penalty proceeding to which the State is already a party.
c. The court shall dismiss an action or claim under this act, unless opposed by the Attorney General, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil, or administrative hearing in which the State or an agent of the State is a party, in an investigation, report, hearing or audit conducted by the Legislature or by the news media, unless the action is brought by the Attorney General, or unless the person bringing the action is an original source of the information. For purposes of this subsection, the term "original source" means an individual who either (1) prior to a public disclosure as described in this paragraph has voluntarily disclosed to the State the information on which allegations or transactions in a claim are based, or (2) has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the State before filing an action under this act.
d. (Deleted by amendment, P.L.2023, c.73)
L.2007, c.265, s.9; amended 2009, c.265, s.3; 2023, c.73, s.6.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:32C-10 - Disclosure of information by employee, employee protections.

2A:32C-10 Disclosure of information by employee, employee protections.
10. a. No employer shall make, adopt, or enforce any rule, regulation, or policy preventing an employee, contractor, or agent from disclosing information to a State or law enforcement agency or from acting to further a false claims action, including investigating, initiating, testifying, or assisting in an action filed or to be filed under this act.
b. Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this act, or in other efforts to stop one or more violations of this act.
c. Relief under subsection b. of this section shall include reinstatement with the same seniority status such employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, compensation for any special damages sustained as a result of the discrimination, and, where appropriate, punitive damages. In addition, the defendant shall be required to pay litigation costs and reasonable attorney's fees associated with an action brought under this section. An action may be brought in the Superior Court for the relief provided in this subsection.
d. (Deleted by amendment, P.L.2023, c.73)
e. A civil action under this subsection may not be brought more than three years after the date when the retaliation occurred.
L.2007, c.265, s.10; amended 2023, c.73, s.7.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:32C-11 - Statute of limitations for bringing civil action.

2A:32C-11 Statute of limitations for bringing civil action.
11. A civil action under this act may not be brought:
a. More than six years after the date on which the violation of the act is committed; or
b. More than three years after the date when facts material to the right of action are known or reasonably should have been known by the State official charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.
L.2007, c.265, s.11.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:32C-12 - Evidence required for action, preponderance.

2A:32C-12 Evidence required for action, preponderance.
12. In any action brought under this act, the State or the person bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
L.2007, c.265, s.12.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:32C-12.1 - Final judgement rendered, fraud, false statements, denial, essential elements, offense.

2A:32C-12.1 Final judgement rendered, fraud, false statements, denial, essential elements, offense.
10. Notwithstanding any other provision of law, the State or federal Rules of Criminal Procedure, or the State or federal Rules of Evidence, a final judgment rendered in favor of the State or of the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection a. or b. of section 5 of P.L.2007, c.265 (C.2A:32C-5).
L.2023, c.73, s.10.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:32C-13 - "False Claims Prosecution Fund."

2A:32C-13 "False Claims Prosecution Fund."
13. a. There is established in the General Fund the "False Claims Prosecution Fund" as a nonlapsing revolving fund in the Department of the Treasury. Monies deposited in the fund shall be utilized by the Attorney General for the exclusive purpose of investigating and prosecuting false claims. The State Treasurer shall deposit 10% of the proceeds recovered by the Attorney General pursuant to subsection c. of section 7 of P.L.2007, c.265 (C.2A:32C-7) in the False Claims Prosecution Fund.
b. The State Treasurer shall deposit 25% of the State share of monies recovered from actions related to false or fraudulent Medicaid claims brought pursuant to this act in the "Medicaid Fraud Control Fund" established by section 10 of P.L.2007, c.58 (C.30:4D-62).
c. Except as provided in subsections a. and b. of this section, the State share of moneys recovered by the Attorney General in accordance with the provisions of this act, other than the awarded amount provided to the State entity injured by the submission of a false claim, shall be deposited in the General Fund.
L.2007, c.265, s.13; amended 2023, c.73, s.8.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:32C-17 - Liberal construction, severability.

2A:32C-17 Liberal construction, severability.
18. This act shall be liberally construed to effectuate its remedial and deterrent purposes. If any provision of this act or its application to any particular person or circumstance is held invalid, that provision or its application is severable and does not affect the validity of other provisions or applications of this act.
L.2007, c.265, s..18.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:32C-18 - Report to Legislature.

2A:32C-18 Report to Legislature.
4. On the 30th day after the effective date of P.L.2009, c.265 (C.2A:32C-18 et al.) and annually on the anniversary of the effective date of P.L.2009, c.265 (C.2A:32C-18 et al.), the Attorney General, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), shall submit to the Legislature, a report containing the following information:
a. The number of cases the Attorney General filed during the previous calendar year under the "New Jersey False Claims Act," P.L.2007, c.265 (C.2A:32C-1 et seq.);
b. The number of cases private individuals filed under the "New Jersey False Claims Act," P.L.2007, c.265 (C.2A:32C-1 et seq.) during the previous calendar year, including those cases that remain under seal, and specifying for those cases no longer under seal:
(1) the State or federal courts in which those cases were filed and the number in each court;
(2) the State program or agency that is involved in each case; and
(3) where the information is available, the number of cases filed by private individuals who previously had filed an action based on the same or similar transactions or allegations under the federal False Claims Act or the False Claims Act of another state;
c. The amount that was recovered by the State under the "New Jersey False Claims Act," P.L.2007, c.265 (C.2A:32C-1 et seq.) in settlement, in damages, penalties, and litigation costs, if known, and specifying for each the following:
(1) the case number and parties for each case in which there was a recovery;
(2) the separate amounts of any funds recovered for damages, penalties, and litigation costs; and
(3) the percentage of the recovery and the amount awarded to any private person who brought the action.
L.2009, c.265, s.4.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-1 - Authorized distraints; liability for wrongful distraint; prohibition on money owed on lease of residence

2A:33-1. Authorized distraints; liability for wrongful distraint; prohibition on money owed on lease of residence
Distraints may be taken when authorized by law; but no unreasonable, excessive or wrongful distraint shall be taken, and for any such taking, the distraining party shall be liable in damages to the party aggrieved.
No distraint shall be permitted for money owed on a lease or other agreement for the occupation of any real property used solely as a residence of the tenant.
L.1951 (1st SS), c.344; amended by L.1971, c. 228, s. 1.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-2 - Place of impounding chattels

2A:33-2. Place of impounding chattels
Chattels distrained or taken by distress, at one time, for any cause whatsoever, shall be impounded together or the distraining party shall be liable in treble damages to the party aggrieved.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-3 - Exemptions

2A:33-3. Exemptions
Property to the value of $500, to be selected by the person distrained against or as provided in section 2A:33-12 of this title, and all wearing apparel shall be exempt from distraint. This section shall be inapplicable in the case of the impounding and distraint of straying domestic animals.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-4 - Impounding of strays

2A:33-4. Impounding of strays
Cattle or other domestic animals found straying on the property of any person other than their owner, causing damage to such property, may be distrained and impounded to secure reimbursement for such damage.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-5 - Distraint for levying of penalty inflicted or money directed to be paid by law; warrant and sale by judge or magistrate

2A:33-5. Distraint for levying of penalty inflicted or money directed to be paid by law; warrant and sale by judge or magistrate
Where any judge or magistrate is required or authorized to issue a warrant of distress for the levying of a penalty inflicted, or sum of money directed to be paid by any law, and no mode is provided for the disposal of the distress, the judge or magistrate may order the chattels, to be so distrained, sold and disposed of within the time to be limited in the warrant, which time shall not be less than 4 nor more than 10 days, unless the penalty or sum of money, together with reasonable charges, to be taxed by the judge or magistrate, of taking and keeping the distress, be sooner paid.
Reasonable charges of taking, keeping and selling the distress, to be taxed as aforesaid, shall be deducted by the officer making the distress out of moneys arising from the sale, and the overplus, if any, after such charges, and also said penalty or sum of money shall be satisfied and paid, shall be returned on demand to the owner of the chattels so distrained. The officer executing the warrant shall show the same to the person whose chattels are distrained, and give him a copy thereof.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-6 - Property subject to distraint for rent

2A:33-6. Property subject to distraint for rent
A landlord or his duly authorized agent may, for arrears of rent, distrain:
a. The goods and chattels of his tenant, found upon the demised premises, except such as are by law exempt from distraint and except the goods and chattels of another in possession of the tenant;
b. The live stock of his tenant, found upon the demised premises or upon premises appurtenant thereto, except the property of another in the tenant's possession; and
c. All products of the soil severed from the soil and remaining upon any part of the land charged with such rent; and
d. All fruits or products of the soil, growing or being upon the demised premises, which the landlord or his agent may sever and remove from such premises to a safe and proper place on the premises or, if there be no such place thereon, to some other place to be procured by the landlord, due notice of which place shall be given to the tenant or left at his place of abode.
The property so subject to distraint shall be appraised, sold and disposed of at the time and in the manner provided in this chapter.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-7 - Limitation of right to distrain for rent

2A:33-7. Limitation of right to distrain for rent
No landlord shall at one time distrain for more than 1 year's arrears of rent, and such distraint shall be made within 6 months after the rent becomes due, or, if the rent is payable in installments, within 6 months after the entire year's rent has become due.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-8 - Distraint after term or estate ended

2A:33-8. Distraint after term or estate ended
A person having rent in arrear and due upon a lease for term of life, years, or at will ended or determined, may distrain for the same after determination of the respective leases, in the same manner as he might have done if the lease had not been ended or determined.
The distress shall be made within 6 calendar months after the determination of the lease, and during the continuance of the landlord's title or interest, and during the possession of the tenant from whom the arrears became due, or if the landlord's title and interest shall have ceased, or the tenant has removed from the leasehold premises, then within 30 days after the end and determination of the term of tenancy, but not thereafter.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-9 - Time for owner of distrained property to take action; inventory and appraisal; aid of officers

2A:33-9. Time for owner of distrained property to take action; inventory and appraisal; aid of officers
If the tenant or owner of property distrained for rent shall not, within 10 days next after the distress taken and after notice thereof, and of the cause of the taking, has been left at the main dwelling house or other most conspicuous place on the premises charged with the rent distrained for, commence an action or otherwise lawfully proceed to recover possession of said property or set aside or end the distraint, the person distraining may, after the distress, notice and expiration of 10 days, on 2 days' notice to the tenant, cause the goods and chattels to be inventoried and appraised by 3 sworn appraisers.
The sheriff of the county, or a constable of the place wherein the distress shall be taken, shall aid and assist therein and shall summon 3 appraisers for such service and shall swear them well and truly to appraise the same, at the true and intrinsic value thereof, according to their best understanding.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-10 - Sale of distrained property; notice

2A:33-10. Sale of distrained property; notice
After the inventory and appraisement, the person distrained for rent shall sell at public vendue the property so distrained. He shall give 5 days' public notice by advertising the articles to be sold and the time and place of sale, in at least 3 of the most public places in the municipality where the distress shall be made, and sell the same for the best price that can be secured towards satisfaction of the rent and charges of the distress, appraisement and sale, leaving the overplus, if any, with the sheriff or constable for the owner's use.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-11 - Impounding and sale on premises

2A:33-11. Impounding and sale on premises
A person lawfully distraining for rent may impound or otherwise secure the articles distrained so made, on the part of the premises most convenient for the purpose, and may appraise, sell and dispose of the same thereon in like manner as a distress taken for rent off the premises. A person may go upon the place where the articles are impounded or secured, in order to view, appraise, buy or remove the same on account of the purchaser thereof.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-12 - Selection of articles to be exempted; when by appraisers

2A:33-12. Selection of articles to be exempted; when by appraisers
From the inventory of the property appraised, the tenant, or in his absence, his agent, attorney, or member of his family, may select articles, the value of which, according to the appraisement, shall not exceed $500. If the tenant, or member of his family, his agent or attorney, cannot readily be found, the selection may be made by the appraisers to be reserved for the family's use.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-13 - Procedure if landlord fails to proceed with appraisement; selection

2A:33-13. Procedure if landlord fails to proceed with appraisement; selection
If the landlord, his attorney or agent shall not, within 2 days after being served with a written request from his tenant so to do, proceed and have the distrained property appraised, the tenant may, after 5 days' notice thereof to his landlord, his attorney or agent, apply to the sheriff or a constable of the county and have the property inventoried and appraised. The property reserved for the use of the family of the tenant may thereupon be selected as provided by section 2A:33-12 of this title.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-14 - Officers aiding in execution; fees

2A:33-14. Officers aiding in execution; fees
All sheriffs and constables shall aid in the execution of the provisions of this chapter, and for such services they, and the appraisers therein mentioned, shall be entitled to the fees provided for in Title 22, Fees and Costs, of the Revised Statutes.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-15 - Distress for residue

2A:33-15. Distress for residue
When the value of the property distrained shall not amount to the full value of the arrears further distraints may be made from time to time, for the residue of the arrears. Any such further distress shall be made within the time limited by this chapter.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-16 - Pound breach or rescue; remedy; damages

2A:33-16. Pound breach or rescue; remedy; damages
A person aggrieved by any pound breach or rescue of any property distrained for rent and impounded or otherwise secured by virtue of this chapter, shall in an action at law recover treble damages and costs of any action against the offender or the owner of the property distrained, if it be afterwards found to have come into his use or possession.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-17 - Wrongful distress and sale for rent; remedy

2A:33-17. Wrongful distress and sale for rent; remedy
If a distress and sale shall be made for rent not in fact due the person distraining or for whom the distress is taken, the owner of the property distrained, shall be entitled to recover double the value of the property so distrained and sold, together with full costs of any action.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-18 - Wrongful acts after distraint for rent; remedy; damages

2A:33-18. Wrongful acts after distraint for rent; remedy; damages
When a distress is made for rent justly due and an irregularity or unlawful act shall afterwards be done by the party distraining, or his agent, the distress shall not therefore be deemed unlawful nor the party making it deemed a trespasser ab initio. The party aggrieved thereby shall be entitled to recover full satisfaction for the special damage sustained thereby, and no more. When the plaintiff shall recover such damages, he shall be entitled to his full costs, the same as in other cases of costs.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-19 - Actions against distrainor; double costs in certain cases

2A:33-19. Actions against distrainor; double costs in certain cases
In any action brought to recover damages for an alleged wrongful distress or wrongful act after distraint, a defendant, in whose favor judgment is rendered, shall be entitled to recover double costs.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-20 - Distraint of property removed; bona fide purchasers

2A:33-20. Distraint of property removed; bona fide purchasers
Where property of a tenant, subject to be distrained for accrued and unpaid rent, payable or to become payable, is removed from the demised premises, the landlord may, within thirty days next after such removal, distrain such property notwithstanding its removal, unless it shall have been sold to a purchaser for a valuable consideration without knowledge of the landlord's right to distrain.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-21 - Liability of tenant for removing or concealing property subject to distraint

2A:33-21. Liability of tenant for removing or concealing property subject to distraint
Any tenant who removes or conceals any of his personal property subject to distraint by his landlord, with intent to delay, hinder, or defraud said landlord, shall be liable for the damages resulting therefrom, to his landlord; and in any action to recover such damages if it shall appear that the action of the tenant was willful, the landlord shall be entitled to recover double damages.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-22 - Seizure of property locked up; breaking and entering

2A:33-22. Seizure of property locked up; breaking and entering
When property is removed by a tenant and put in any place locked up, fastened or otherwise secured, to prevent the said property from being distrained for arrears of rent, the landlord, first calling to his assistance a constable or peace officer, who shall aid and assist therein, may, in the daytime, break open and enter the place, and distrain the said property for the arrears of rent as he might have done if the said property had been put in an open place.
If the place where the said property is secured is a dwelling house, oath shall first be made before some judge or magistrate, of a reasonable ground to suspect that the said property is therein.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:33-23 - Remedy where rent apportionable

2A:33-23. Remedy where rent apportionable
Wherever rent is legally or equitably apportionable between successive owners or landlords or their representatives, any person entitled to a proportion of such rent shall be entitled to distrain therefor in the same manner as though such person was entitled to receive the full rent.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-1 - Causes for judgments of nullity.

2A:34-1 Causes for judgments of nullity.
2A:34-1. Causes for judgments of nullity.
(1) Judgments of nullity of marriage may be rendered in all cases, when:
a. Either of the parties has another wife, husband, partner in a civil union couple or domestic partner living at the time of a second or other marriage.
b. The parties are within the degrees prohibited by law. If any such marriage shall not have been annulled during the lifetime of the parties the validity thereof shall not be inquired into after the death of either party.
c. The parties, or either of them, were at the time of marriage physically and incurably impotent, provided the party making the application shall have been ignorant of such impotency or incapability at the time of the marriage, and has not subsequently ratified the marriage.
d. The parties, or either of them, lacked capacity to marry due to want of understanding because of mental condition, or the influence of intoxicants, drugs, or similar agents; or where there was a lack of mutual assent to the marital relationship; duress; or fraud as to the essentials of marriage; and has not subsequently ratified the marriage.
e. The demand for such a judgment is by the wife or husband who was under the age of 18 years at the time of the marriage.
f. Allowable under the general equity jurisdiction of the Superior Court.
(2) Judgments of nullity of a civil union may be rendered in all cases, when:
a. Either of the parties has another wife, husband, partner in a civil union couple or domestic partner living at the time of establishing the new civil union.
b. The parties are within the degrees prohibited by the law from entering into a marriage or establishing a civil union or domestic partnership. If any such civil union shall not have been annulled during the lifetime of the parties the validity thereof shall not be inquired into after the death of either party.
c. The parties, or either of them, lacked capacity to enter into a civil union due to want of understanding because of mental condition, or the influence of intoxicants, drugs, or similar agents; or where there was a lack of mutual assent to the civil union; duress; or fraud as to the essentials of a civil union; and has not subsequently ratified the civil union.
d. The demand for such a judgment is by the party who was under the age of 18 years at the time of the civil union.
e. Allowable under the general equity jurisdiction of the Superior Court.
amended 1971, c.212, s.1; 2006, c.103, s.63; 2018, c.42, s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-2 - Causes for divorce from bond of matrimony.

2A:34-2 Causes for divorce from bond of matrimony.
2A:34-2. Divorce from the bond of matrimony may be adjudged for the following causes heretofore or hereafter arising:
a. Adultery;
b. Willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife;
c. Extreme cruelty, which is defined as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; provided that no complaint for divorce shall be filed until after 3 months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim;
d. Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; provided, further that after the 18-month period there shall be a presumption that there is no reasonable prospect of reconciliation;
e. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L.1970, c.226 or habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
f. Institutionalization for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
g. Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment;
h. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff;
i. 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.
Amended 1971, c.212, s.2; 1971, c.217, s.11; 2007, c.6.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-2.1 - Dissolution of a civil union, causes.

2A:34-2.1 Dissolution of a civil union, causes.
64. The dissolution of a civil union may be adjudged for the following causes:
a. voluntary sexual intercourse between a person who is in a civil union and an individual other than the person's partner in a civil union couple;
b. willful and continued desertion for a period of 12 or more consecutive months, which may be established by satisfactory proof that the parties have ceased to cohabit as partners in a civil union couple;
c. extreme cruelty, which is defined as including any physical or mental cruelty that endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; except that no complaint for termination shall be filed until after three months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim;
d. separation, provided that the partners in a civil union couple have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; and provided further that, after the 18-month period, there shall be a presumption that there is no reasonable prospect of reconciliation;
e. voluntarily induced addiction or habituation to any narcotic drug, as defined in section 2 of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-2) or in N.J.S.2C:35-2 of the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al., or habitual drunkenness for a period of 12 or more consecutive months subsequent to establishment of the civil union and next preceding the filing of the complaint;
f. institutionalization for mental illness for a period of 24 or more consecutive months subsequent to establishment of the civil union and next preceding the filing of the complaint; or
g. imprisonment of the defendant for 18 or more consecutive months after establishment of the civil union, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following the imprisonment.
L.2006, c.103, s.64.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-3 - Causes for divorce from bed and board or legal separation from partner in a civil union couple.

2A:34-3 Causes for divorce from bed and board or legal separation from partner in a civil union couple.
2A:34-3. Causes for divorce from bed and board or legal separation from partner in a civil union couple.
a. Divorce from bed and board may be adjudged for the same causes as divorce from the bonds of matrimony whenever both parties petition or join in requesting such relief and they or either of them present sufficient proof of such cause or causes to warrant the entry of a judgment of divorce from the bonds of matrimony, provided further that in the case of a reconciliation thereafter the parties may apply for a revocation or suspension of the judgment, and provided further that the granting of a bed and board divorce shall in no way prejudice either party from thereafter applying to the court for a conversion of said divorce to a divorce from the bonds of matrimony, which application shall be granted as a matter of right.
b. Legal separation from a partner in a civil union couple may be adjudged for the same causes as dissolution of a civil union whenever both parties petition or join in requesting such relief and they or either of them present sufficient proof of such cause or causes to warrant the entry of a judgment of dissolution of a civil union, provided further that in the case of a reconciliation thereafter the parties may apply for a revocation or suspension of the judgment, and provided further that the granting of a legal separation from a partner in a civil union couple shall in no way prejudice either party from thereafter applying to the court for a conversion of said legal separation from a partner in a civil union couple to a dissolution of a civil union, which application shall be granted as a matter of right.
Amended 1971, c.212, s.3; 2006, c.103, s.65.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-6 - Divorce from bed and board or legal separation from a civil union; property rights.

2A:34-6 Divorce from bed and board or legal separation from a civil union; property rights.
2A:34-6. Divorce from bed and board or legal separation from a civil union; property rights.
For and during the time that any judgment for divorce from bed and board or legal separation from a partner in a civil union couple shall remain in force and effect all property rights of the parties shall be as though a judgment of absolute divorce or dissolution had been entered.
In any property transaction by either of the parties in such status the fact of the existence of such judgment shall be distinctly recited and reference to the public record thereof shall be clearly set forth.
Amended 2006, c.103, s.66.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-7 - Certain defenses abolished.

2A:34-7 Certain defenses abolished.
2A:34-7. Certain defenses abolished.
Recrimination, condonation and the clean hands doctrine are hereby abolished as defenses to divorce from the bonds of matrimony, dissolution of a civil union, divorce from bed and board or legal separation from a partner in a civil union couple, and if both parties make out grounds for a divorce, dissolution or legal separation, a decree may be granted to each; provided that nothing herein shall preclude or abrogate the responsibility of a party for the penalty provided by law for perjury or the subornation of perjury.
Amended 1971, c.212, s.4; 2006, c.103, s.67.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-8 - Jurisdiction stated.

2A:34-8 Jurisdiction stated.
2A:34-8. Jurisdiction stated.
The Superior Court shall have jurisdiction of all causes of divorce, dissolution of a civil union, bed and board divorce, legal separation from a partner in a civil union couple or nullity when either party is a bona fide resident of this State. The Superior Court shall have jurisdiction of an action for alimony and maintenance when the defendant is subject to the personal jurisdiction of the court, is a resident of this State, or has tangible or intangible real or personal property within the jurisdiction of the court. The Superior Court may afford incidental relief as in other cases of an equitable nature and by rule of court may determine the venue of matrimonial and civil union actions.
Amended 1971, c.212, s.5; 2006, c.103, s.68.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-9 - Jurisdiction in nullity proceedings or dissolution proceedings; residence requirements; service of process.

2A:34-9 Jurisdiction in nullity proceedings or dissolution proceedings; residence requirements; service of process.
2A:34-9. Jurisdiction in nullity proceedings or dissolution proceedings; residence requirements; service of process.
Jurisdiction in actions for nullity of marriage or dissolution of a civil union may be acquired when:
a. Either party is a bona fide resident of this State at the time of the commencement of the action; and
b. Process is served upon the defendant as prescribed by the rules of the Supreme Court.
Amended 2006, c.103, s.69.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-10 - Jurisdiction in divorce proceedings, dissolution of a civil union, legal separation from a partner in a civil union couple; service of process; residence requirements.

2A:34-10 Jurisdiction in divorce proceedings, dissolution of a civil union, legal separation from a partner in a civil union couple; service of process; residence requirements.
2A:34-10. Jurisdiction in divorce proceedings, dissolution of a civil union, legal separation from a partner in a civil union couple; service of process; residence requirements.
Jurisdiction in actions for divorce, either absolute or from bed and board, and in actions for dissolution of a civil union or legal separation from a partner in a civil union couple may be acquired when process is served upon the defendant as prescribed by the rules of the Supreme Court, and
1. When, at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce or dissolution of a civil union shall be commenced for any cause other than adultery, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this State; or
2. When, since the cause of action arose, either party has become, and for at least 1 year next preceding the commencement of the action has continued to be, a bona fide resident of this State.
Amended 1971, c.212, s.6,(1971, c.212 title amended 1971, c.217, s.10); 2006, c.103, s.70.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-11 - Jurisdiction by acknowledgment of service of process, appearance, etc.

2A:34-11 Jurisdiction by acknowledgment of service of process, appearance, etc.
2A:34-11. Jurisdiction by acknowledgment of service of process, appearance, etc.
In divorce, dissolution and nullity actions, the jurisdiction of the court over the defendant's person for all purposes of the action shall be fully established by the filing of an acknowledgment of service of process, or of an appearance, or of an answer by the defendant pro se, or on his behalf by a duly authorized attorney, in such manner as may be prescribed by rules of the Supreme Court.
Amended 2006, c.103, s.71.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-12 - Counterclaims.

2A:34-12 Counterclaims.
2A:34-12. Counterclaims.
Whenever the court shall have acquired jurisdiction of any action under the provisions of this chapter or P.L.2006, c.103 (C.37:1-28 et al.), the defendant therein may, by counterclaim, state any cause of action under this chapter or P.L.2006, c.103 (C.37:1-28 et al.) which exists at the time of the service of the counterclaim.
Amended 2006, c.103, s.72.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-12.2 - "Parents' Education Fund"

2A:34-12.2. "Parents' Education Fund"
2. There is hereby established a separate, nonlapsing, revolving fund in the General Fund to be known as the "Parents' Education Fund." The Clerk of the Superior Court shall forward the $25 registration fee collected pursuant to section 5 of P.L.1999, c.111(C.2A:34-12.5) for deposit in the fund. The fund shall be administered by the Administrative Office of the Courts and dedicated to the development, establishment, operation and maintenance of the "Parents' Education Program" created pursuant to section 3 of P.L.1999, c.111(C.2A:34-12.3).
L.1999,c.111,s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-12.3 - "Parent's Education program"

2A:34-12.3. "Parent's Education program"
3. a. There is hereby established a mandatory education program to be known as the "Parents' Education Program."
b. The program shall be designed to assist and advise divorced parents on issues concerning divorce, separation and custody. The program shall be made available twice a month. The program shall be administered by the Administrative Office of the Courts. The Assignment Judge shall appoint appropriate staff to act as a program representative or representatives, as necessary, for each county.
c. The purpose of the program shall be to promote cooperation between the parties and to assist parents in resolving issues which may arise during the divorce or separation process, including, but not limited to:
(1) Understanding the legal process and cost of divorce or separation, including arbitration and mediation;
(2) Understanding the financial responsibilities for the children;
(3) Understanding the interaction between parent and child, the family relationship and any other areas of adjustment and concern during the process of divorce or separation;
(4) Understanding how children react to divorce or separation, how to spot problems, what to tell them about divorce or separation, how to keep communication open and how to answer questions and concerns the children may have about the process;
(5) Understanding how parents can help their children during the divorce or separation, specific strategies, ideas, tools, and resources for assistance;
(6) Understanding how parents can help children after the divorce or separation and how to deal with new family structures and different sets of rules; and
(7) Understanding that cooperation may sometimes be inappropriate in cases of domestic violence.
L.1999,c.111,s.3.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-12.5 - Attendance at program required; fee; exceptions

2A:34-12.5. Attendance at program required; fee; exceptions
5. a. The court shall order every person who has filed an action for divorce, nullity or separate maintenance where the custody, visitation or support of the minor child is an issue to attend the "Parents' Education Program" established pursuant to section 3 of P.L.1999, c.111(C.2A:34-12.3). Each party shall attend separate sessions of the program.
b. Each party shall be required to pay a fee of $25 for registration in the "Parents' Education Program" which shall be forwarded by the Clerk of the Superior Court for deposit in the "Parents' Education Program Fund" established pursuant to section 2 of P.L.1999, c.111(C.2A:34-12.2).
c. Except as provided in subsections d. and e. of this section, the court shall require all parties who have filed an action for divorce, nullity or separate maintenance where the custody, visitation or support of the minor child is an issue to complete the program prior to entry of judgment. Failure of a party to participate in the program shall be considered as a factor by the court in making any custody and visitation determinations.
d. The court may exempt a party from attending the program, if the court finds good cause for an exemption.
e. The court shall not refer a party to the program if a temporary or final order restraining either party from contact with the other has been issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L. 1991, c. 261 (C.2C:25-17 et seq.), or if either party is restrained from contact with the other party, or a child of the other party, under the criminal or civil laws of this or any other state.
L.1999,c.111,s.5.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-12.6 - Program representatives, immunity, employment restrictions

2A:34-12.6. Program representatives, immunity, employment restrictions
6. a. Notwithstanding any other provision of law to the contrary, no person serving as a program representative in the "Parents' Education Program" established pursuant to section 3 of P.L.1999, c.111(C.2A:34-12.3) shall be liable for damages resulting from any exercise of judgment or discretion in connection with the person's duties unless the actions are fraudulent or evidence a reckless disregard for the duties imposed by the position. Nothing in this section shall be deemed to grant immunity to any program representative causing damage by that person's wilful, wanton or grossly negligent act of commission or omission.
b. No person serving as a program representative in the program shall solicit, accept employment from or counsel a program participant for a period of one year after the program participant has completed the program.
L.1999,c.111,s.6.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-12.7 - Confidentiality of communications

2A:34-12.7. Confidentiality of communications
7. All communications made by any program participant during the course of attending the "Parents' Education Program," established pursuant to section 3 of P.L.1999, c.111(C.2A:34-12.3) are confidential and shall not be admissible as evidence in any court proceeding.
L.1999,c.111,s.7.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-13 - Matrimonial or civil union action.

2A:34-13 Matrimonial or civil union action.
2A:34-13. Matrimonial or civil union action.
A person who has attained the age of 16 years may prosecute or defend any matrimonial or civil union action in person or by attorney.
Amended 1988, c.153, s.1; 2006, c.103, s.73.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:34-14 - Parent or guardian may prosecute or defend.

2A:34-14 Parent or guardian may prosecute or defend.
2A:34-14. Parent or guardian may prosecute or defend.
A parent or guardian shall not be precluded by the provisions of this chapter from prosecuting or defending any action respecting the marriage or civil union status or relation of his minor child or ward.
Amended 2006, c.103, s.74.