Though New Jersey has one of the lowest divorce rates in the nation sadly, even here, not all marriages stand the test of time. Many things can lead to divorce; from infidelity to domestic violence. However in some cases a “no fault” divorce can be petitioned to the family courts. In such cases the person filing for the divorce is not assigning particular blame but feels that the marriage should be ended because of un-resolved issues or simple incompatibility.
At The Law Office of Townsend, Tomaio & Newmark, our skilled attorneys have years of experience aiding clients across Hackensack, Ridgewood, Fort Lee, Teaneck, and greater Bergen County to resolve their divorce related issues in the most effective ways including through no fault divorces.
In today’s article, our Bergen County divorce attorneys will discuss no-fault divorces, their requirements, their advantages, and their differences from “fault-based divorces”.
Filing for No-Fault Divorce Hackensack NJ
A no fault divorce is generally pursued in New Jersey when the individual who wishes to end a marriage not based on any particular action but because of what they feel to be un-resolvable issues. These un-resolvable issues, are known legally as “irreconcilable differences”, and can be anything from disagreements in child rearing, finances or financial responsibilities to many others including sexual incompatibility. It is very common that one spouse wished to divorce while the other does not.
Though if filed correctly a no fault divorce cannot be denied, it is essential to have an experienced and qualified Bergen County attorney as your advocate to guide you through the process and be sure that all of your rights and interest are up-held.
To file for a no fault divorce in Bergen County, the following important requirements must be met:
- Prior to filing for the divorce, you or your spouse must have resided in New Jersey for at least 12 consecutive months
- Your spouse and you have had an irreconcilable difference for a minimum of 6 months
- The irreconcilable difference makes it clear that your marriage is not salvageable
- There is no reasonable chance for reconciliation
It is important to note that your petition must also be filed at the Bergen County Court in Hackensack, NJ.
Advantages of No Fault Divorce Ridgewood NJ
The advantage that no fault divorces have over fault-based divorces is that they cannot be denied by the courts. Fault-based divorces can be denied if the divorcing spouse can not provide sufficient evidence of the fault for which the divorce is being petitioned. A no fault divorce does not require proof of fault and thus, if it is properly filed, the petition will be accepted bu the court. However, you must remember that the divorcing parties will still need to reach an agreement regarding key divorce issues before a no fault divorce can be granted. These include marital asset and debt division, child custody, child support, as well as some form of alimony and spousal support in many cases.
Therefore, while your no fault divorce cannot be denied by a judge, it is still very import to retain an experienced attorney in order to help you resolve these issues in a way that is fair to you.
Contact Our Bergen County No-Fault Divorce Lawyers Today
At The Law Office of Townsend, Tomaio & Newmark, our attorneys use negotiation, litigation, Alternative Dispute Resolution as well as our extensive experience to help our clients to resolve their divorce and its related issues across New Jersey and Bergen County, including towns such as Ridgewood, Paramus, Hackensack, Teaneck, and Fort Lee.
Because we practice family and divorce law exclusively we have acquired an uncommon level of skill and experience that allows us to effectively and compassionately represent all of our clients needs before, during and during the post-divorce process.
Speak with our legal team today in a free and confidential consultation regarding your divorce, a specific divorce settlement such as alimony, child custody, child support or marital asset division, or any kind of post-divorce modification or enforcement issues that you may have. Please contact us online, or through our Hackensack, NJ office at (201) 397-1750.