What to Know About No-Fault Divorce in New Jersey

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Sometimes, marriages end for a very specific reason. Other times, people grow apart and their marriage no longer works. If this is the case, you will likely file for a no-fault divorce. Read on for more information regarding no-fault divorce in New Jersey.

Fault Grounds

When filing for divorce, you must cite grounds. This refers to the legal reason you are filing for divorce. The grounds on which you can file include:

  • Desertion
  • Extreme cruelty
  • Deviant sexual conduct
  • Addiction
  • Adultery
  • Institutionalization for mental illness

But, New Jersey is a no-fault state, meaning you can also file for a no-fault divorce.

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.” Courts cannot deny a no-fault divorce. This is one of the reasons many people file for this type of divorce. Additionally, these divorces are often more private because there is no proof involved. For example, if you were to file on the grounds of adultery, you may have to provide the court with evidence of this adultery. That being said, 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

If you are getting divorced in New Jersey, you will need the help of a dedicated divorce attorney. Contact our firm to discuss the best options for you and how to begin the process. We understand how stressful this time can be and we are here to walk you through it.

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

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