No Fault Divorce Attorneys Bergen County, NJ
What is a No Fault Divorce?
Making the final decision to file for a divorce can often be extremely difficult. Unfortunately, it is only the first of many difficult decisions you will have to make. Some questions you may ask yourself are what kind of divorce will you file for? How will you decide your divorce issues such as child custody, child support, alimony, and division of assets? Through mediation or negotiation, or traditional litigation? What is the outcome you desire?
When it comes to deciding the type of divorce you will file for, New Jersey residents are presented with two options; that of fault-based divorce, or what is known as a “no-fault divorce.” As no-fault divorces are more recently becoming the norm for a variety of reasons, it is important that you understand exactly what a no-fault divorce entails, the requirements for securing a no-fault divorce, and the processes involved.
At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients across Bergen County to resolve their divorce and its related issues in a variety of manners, including through New Jersey no-fault divorces.
If you are considering a divorce, have decided to divorce, or simply wish to gain a better understanding of your options, legal rights, and what to expect when it comes to your divorce, contact our firm to discuss your unique situation in a free and confidential consultation today.
What Is a No-Fault Divorce?
A no-fault divorce is generally pursued in New Jersey when the individual who wishes to divorce (in this case the plaintiff) does not believe that their spouse holds any particular fault that has caused the divorce. Instead, a no-fault divorce is centered around the fact that there are un-resolvable issues that simply prevent the marriage from continuing any further.
These un-resolvable issues, known legally as “irreconcilable differences,” can be anything from disagreements over how to raise children, disagreements over finances or financial responsibilities, or most commonly, the fact that one spouse wishes to divorce, and the other does not.
No-fault divorces have the distinct advantage that they cannot be denied by the courts, unlike fault-based divorces which can be denied if the divorcing spouse is unable to demonstrate sufficient evidence of a fault ground. However, before a no-fault divorce can be granted, the divorcing parties will need to reach an agreement regarding the key divorce issues of marital asset and debt division, child custody, child support, and in many cases some form of alimony and spousal support.
While your no-fault divorce cannot be denied by a judge, you still should retain experienced legal counsel to help you resolve these issues in a fair and just manner, accurately reflecting your unique needs and concerns, while protecting your financial, legal, and parental future.
Requirements and Filing for a No-Fault Divorce
To file for a no-fault divorce in Bergen County, several important requirements need to be met. These no-fault divorce requirements are:
- You or your spouse has resided in New Jersey for at least 12 consecutive months before filing for the divorce
- You and your spouse have experienced an irreconcilable difference for at least 6 months (remember, this can be the mere fact that one spouse wishes to divorce, and the other does not)
- This irreconcilable difference makes it clear that your marriage has broken down, and that the marriage should end
- You believe there is no reasonable chance for reconciliation
Beyond these requirements, you must file for the divorce through the Family Division of the Superior Court where you live, where your spouse lives, or where either of you is legally employed. In the case of Bergen County, this will be through the Bergen County Family Division Superior Court.
Finalizing Your Divorce
While a no-fault divorce cannot be denied by the courts, if you misfile any of the various documents and paperwork involved, or file for your no-fault divorce in the wrong courthouse, you will most likely have to start the entire process over again. Additionally, before your no-fault divorce can be granted, you will need to come to an agreement (known as a divorce settlement agreement) with your spouse on the key issues of marital asset and debt division, child custody, child support, and alimony.
With these considerations in mind, our firm is prepared to guide and advise you through the entire no-fault divorce process, help you ensure that your no-fault divorce is granted and that your divorce settlement agreement is fair to you, and accurately reflects your unique needs and concerns.
Having already represented many clients across Ridgewood, Fort Lee, Hackensack, Teaneck, and the greater Bergen County area, our no-fault divorce attorneys are prepared to put their compassionate, effective, and highly knowledgeable legal service to work for you today. By practicing exclusively divorce and family law, our firm can focus on the issues most important to you, and ensure that your legal, financial, and parental rights are protected and accounted for throughout the divorce process.