Grounds for Divorce in New Jersey | What You Need to Know

When couples are looking to divorce in New Jersey, the first step is choosing whether they wish to cite fault grounds or not. Please continue reading and speak with our knowledgeable New Jersey divorce attorneys to learn more about the grounds for divorce in New Jersey, what they mean for you, and how our firm can help you through every step of the divorce process ahead. Here are some of the questions you may have:

What are the fault grounds for divorce in New Jersey?

When beginning the divorce process, you will have a choice between fault-based divorce and no-fault divorce. There are various fault grounds that you may cite when filing for divorce. Some of the fault grounds that you may cite in New Jersey are as follows:

  • Adultery
  • Abandonment
  • Desertion
  • Incarceration
  • Institutionalization
  • Extreme cruelty

That being said, while you may feel as though you should cite fault grounds, especially if you believe that your spouse is the reason for your divorce, such as committing an act of adultery, the truth is, this is seldom a good idea, and in most cases, our firm will advise against citing fault grounds. This is because by citing divorce grounds, you give your spouse a chance to rebut the accusations, which, in many cases, will begin a far more drawn-out, expensive, and hostile divorce process. Furthermore, in most cases, citing fault grounds rarely, if ever, works to the individual’s benefit.

What is a no-fault divorce in New Jersey?

As previously stated, when filing for divorce, spouses have the option of citing fault grounds vs. filing a no-fault divorce. Essentially, when you file for no-fault divorce, this means that you are agreeing that neither spouse is legally responsible for the divorce. No-fault grounds include either irreconcilable differences for at least six months or separation of at least 18 months. When you file a no-fault divorce, you and your spouse will have to agree on certain marital issues, such as child custody, alimony, property distribution, and more. You may either file an uncontested divorce, a contested divorce, or you may choose a form of alternate dispute resolution, such as mediation. If you have any additional questions or you are ready to get started, 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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