Fault Grounds Versus No-Fault Grounds in New Jersey | What To Know

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Your marriage has deteriorated beyond repair. You want to get a divorce, but you fear the impact that it may have on you and/or your family. If this describes your situation, please read on, then contact one of our experienced Bergen County divorce attorneys to learn what you should know about fault grounds and no-fault grounds in New Jersey divorces.

What are some fault grounds for divorce in New Jersey?

In order to obtain a fault-based divorce in the Garden State, the filing spouse must state and prove that the other spouse’s misconduct led to the dissolution of the marriage. Accepted examples include:

  • Extreme cruelty
  • Desertion
  • Addiction or habitual drunkenness
  • Imprisonment
  • Institutionalization
  • Adultery
  • Deviant sexual behavior

Depending on the exact nature of the other spouse’s misconduct, it may impact court decisions about alimony, the division of property and child custody.

What are some no-fault grounds for divorce in New Jersey?

New Jersey allows no-fault divorces, but it is not a pure no-fault state. Nonetheless, the state bases no-fault divorces on “irreconcilable differences.” Even so, neither spouse is contending that the other engaged in misconduct. As such, it may help lessen the heavy burden a divorce may place on your children.

In order to receive a no-fault divorce, the following conditions must be met:

  • You or your spouse have lived in New Jersey for 12 consecutive months before filing for divorce
  • You and your spouse have experienced irreconcilable differences for at least 6 months
  • The irreconcilable differences caused the breakdown of your marriage and make it appear that the marriage should end
  • There is no reasonable chance for a reconciliation

Regardless of which route you take, you should reach out to one of our skilled Bergen County NJ family law and divorce attorneys to discuss your next steps.

What can a Bergen County divorce attorney do for you?

Before you officially file for divorce, you may want to consult with a qualified legal professional skilled in divorce and family law matters. More than making sure that your documents and other filings meet the legal requirements, he or she can help explore your options and weigh each alternative so that you can make informed decisions about what is in the best interests of you and your family. Choosing the wrong path could be every bit as costly as some typos in a legal filing, so please give us a call today.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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