Should I Cite No-Fault Grounds for My Divorce?

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Undoubtedly, divorce is a complicated process. It may be easier, though, if you and your spouse work towards remaining amicable. And what may foster this is by citing no-fault grounds when filing your divorce petition. Follow along to find out why you should cite no-fault grounds in your divorce and how one of the proficient Hudson County family law attorneys at Greenberg & Walden, LLC, can lead you in the right direction.

What are examples of no-fault grounds?

Notably, citing no-fault grounds is known to promote an expedited, less costly, and more confidential divorce process. New Jersey is a no-fault state, meaning they allow couples to cite no-fault grounds when submitting their petition for divorce. And as far as your case goes, the New Jersey courts will allow this so long as the following requirements are met:

  • You and/or your spouse must prove that you have resided in the state of New Jersey for at least 12 consecutive months before filing for divorce.
  • You and your spouse must prove that you experienced irreconcilable differences for at least six consecutive months before filing for divorce.
  • You and your spouse must prove that such irreconcilable differences have made the marriage break down and come to an end.
  • You and your spouse must prove that there is no reasonable chance for a reconciliation.

Why should I cite no-fault grounds instead of fault grounds for my divorce?

You may be tempted to express to the New Jersey court how your spouse has wronged you and cite fault grounds. However, we oftentimes warn against doing so.

Not only will citing fault grounds have little to no impact on the outcome of your settlement agreements, but it may also just make this divorce process extensive, costly, and public. This is because fault grounds give your spouse the chance to contest them. Then, this turns into a contested divorce that needs to be handled in the court system, which means more time and money wasted on this process.

How can I finalize my divorce after citing no-fault grounds?

If you and your spouse choose to cite no-fault grounds, then you may be eligible for an uncontested divorce. With this, there are several avenues you can take, such as any of the following:

  • Mediation: you and your spouse will be accompanied by a neutral third party to settle your divorce-related terms outside of the courtroom.
  • Arbitration: you and your spouse will be accompanied by a third party that will act as a judge and settles your divorce-related terms on your behalf.
  • Collaborative divorce: you and your spouse will be accompanied by attorneys through a series of four-way meetings to settle your divorce-related terms.

However, if any conflict arises whatsoever, you and your spouse may need to turn to litigation. In this instance, you will need the legal representation of a talented Hudson County family law attorney. Call us today.

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