What Is a No-fault Divorce in New Jersey?

If you are facing a divorce, one of the decisions you will make is choosing whether to file a no-fault divorce or to cite fault grounds. To learn more about this process, continue reading and reach out to our experienced divorce attorney who will walk you through any concerns you may have. If you have any further questions regarding filing a no-fault divorce in New Jersey and what one might look like for your specific circumstances, reach out to our knowledgeable divorce firm today. You do not need to proceed through this legal process alone. We are here to help.

What are the grounds for divorce in New Jersey?

Citing “fault grounds” in a divorce means that spouses are officially stating that they are divorcing their spouse for a specific reason such as the following:

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

The act of citing fault grounds in a divorce simply gives your spouse a chance to rebut your statement. This can negatively impact the outcome of your divorce. It is important to understand that proving that your spouse cheated on you does not guarantee to swing the outcome in your favor. Despite how unsavory your spouse’s actions were, it is strongly recommended that you file a no-fault divorce instead.

What is a no-fault divorce?

A no-fault divorce is when a spouse chooses not to cite fault grounds in their divorce proceedings. If you are looking to achieve a no-fault divorce, you will instead cite the following as your reasoning for your divorce:

  • Irreconcilable differences for at least 6 months
  • Separation for at least 18 months

However, it is important to be prepared for the fact that no-fault divorces can still open spouses up to the litigation process, which may require the assistance of an experienced divorce attorney. When facing litigation, both spouses are required to state their cases in front of a judge in a courtroom setting. The judge will then decide the outcome of your divorce. This can be extremely draining, both emotionally and financially. This is reason alone for couples to seek alternative dispute resolution methods such as arbitration, collaborative divorce, or mediation. To acquire assistance with these methods, reach out to our experienced divorce attorney today to discuss how we can assist you.

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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