In order to begin the process of a divorce, a complaint must be filed by either spouse. In this, they are required to decide which type of divorce they are filing for. In the state of New Jersey, there are two options to do so. This includes a fault-based divorce or a no-fault divorce. When going into a no-fault divorce, it is important to understand the process and its requirements. Continue reading below to learn more.
What is a No-Fault Divorce?
When a couple goes through a no-fault divorce, it means that neither party wishes to hold the other responsible for the end of their marriage. This occurs when there are issues between the spouses that cannot be resolved, therefore the marriage cannot go on. In legal terms, this is known as “irreconcilable differences.” One of the more common reasons spouses may disagree is when one party does not wish to divorce. Otherwise, it may be a disagreement regarding how to raise children or financial matters. While courts cannot deny a no-fault divorce, both parties are required to reach agreements regarding the future of their marital issues before it can be granted. This can include asset and debt division, child support, child custody, alimony, etc.
What are the Requirements of a No-Fault Divorce?
There are four requirements for a no-fault divorce in the state of New Jersey that spouses should know about. This includes the following:
- Either spouse has resided in New Jersey for at least 12 consecutive months before filing for divorce
- Both spouses have experienced irreconcilable differences for at least six months
- The irreconcilable differences makes it clear the marriage has broken down and should end
- Either spouse believes there is no reasonable chance for reconciliation
Contact our Firm
We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928.
