Should I File a No-Fault Divorce in New Jersey?

Should I File a No-Fault Divorce in New Jersey?

Divorce is a complicated matter, and if you are getting divorced, there is a lot you need to know about the process ahead. One step of the process is choosing whether to file a no-fault divorce or to cite fault grounds. Please continue reading and speak with our Bergen County divorce attorneys to learn more. Here are some of the questions you may have:

What is a no-fault divorce in New Jersey?

New Jersey is one of the many states that give individuals the option to file what is known as a no-fault divorce. Essentially, when someone files a no-fault divorce, they will cite either separation for at least 18 months, or irreconcilable differences for at least 6 months. That being said, in most cases, no-fault divorces are your best option, as opposed to citing fault grounds, even if you believe that your spouse’s wrongdoing should be brought to light in a courtroom setting. This is because in most cases, citing fault grounds will allow your spouse to respond to/deny those accusations, which can prolong the divorce process, thereby costing you more money, time, and energy. Furthermore, in most cases, citing fault grounds won’t sway the outcome of your divorce favorably your way. In fact, citing fault grounds generally has little to no impact on the outcome of a divorce. That being said, if you truly wish to cite fault grounds, you do have options.

What are the fault grounds that I can cite in New Jersey?

If you believe that you are willing to cite fault grounds, you may cite any of the following:

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

What are my other options?

That being said, if you are looking to resolve your divorce outside of the court, you may enter the mediation process, as long as you believe it is possible for you and your former spouse to reach a compromise on certain key divorce-related issues. You will first appoint a neutral third-party mediator who will listen to both of your concerns, and from there, he or she will try to facilitate a conversation that results in a compromise. This keeps your divorce outside of the courtroom, often saving you both time, money, and aggravation. If you have any additional questions, 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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