Divorce is often a complex and exhausting process. In the state of New Jersey, spouses must make certain steps before the divorce proceedings can begin. When filing for a divorce, one of the first things that must be done is to cite grounds for the divorce. While many people believe there is always a “fault” for divorce, this is not always the case. Spouses in New Jersey can cite either fault or no-fault grounds to begin their divorce proceedings.
Fault Grounds
When spouses are given the opportunity to cite grounds, they may wish to cite fault grounds for their divorce. In doing so, this means they are holding the other spouse responsible for the end of their marriage. There are many reasons why a spouse may choose to cite fault grounds in the state of New Jersey. This can include:
- Adultery
- Abandonment
- Desertion
- Incarceration
- Institutionalization
- Extreme cruelty
Spouses are sometimes unsure about citing fault grounds in their divorce. This may be due to the possibility of having to go through litigation and creating more problems with their spouse. When fault grounds is cited, the other spouse is able to respond to this accusation. This can possibly cause further legal issues between the two. However, fault grounds cannot affect the outcome of the couple’s marital issues in a divorce.
No-Fault Grounds
Alternatively, spouses can cite no-fault grounds to begin their divorce proceedings. When this happens, it means that neither spouse is looking to hold the other responsible for the end of their marriage. Grounds for a no-fault divorce may include:
- Irreconcilable differences for at least 6 months
- Separation for at least 18 months
When no-fault grounds is cited, both spouses are required to come to an agreement regarding their marital issues. This includes matters such as child custody, child support, parenting time, alimony, and the division of assets. In these situations, the couple has the opportunity to decide the method they wish to use to divorce. When couples agree to the terms of their separation, there is no need for litigation. Because of this, alternative methods are available to them. This can consist of a mediated or collaborative divorce.
Contact our Firm
If you are going through a divorce and wish to speak with an experienced attorney, contact Townsend, Tomaio & Newmark LLC., today.
