What You Need to Know About No-Fault Divorce in New Jersey

There are few things more upsetting than divorce. We understand this, which is why we are here to provide you with the personalized attention you deserve and the quality legal representation you need. Fortunately, New Jersey is known as a “no-fault” state, which may help you attain a favorable outcome. Please read on and reach out to our experienced Bergen County divorce attorneys to learn more about no-fault divorce and how we can help you through the legal process going forward. Here are some of the questions you may have:

What are the grounds for divorce in New Jersey?

Oftentimes, spouses wish to cite what are known as “fault grounds” in their divorce. Simply put, this means they are officially stating that they are divorcing their spouse for a specific reason. Some of the fault grounds individuals can cite in New Jersey are as follows:

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

When spouses are wronged by their partner, it’s completely understandable that they may wish to call them out on it. Additionally, many spouses assume that if they can prove their spouse cheated on them, the outcome of their divorce may swing in their favor. Unfortunately, this is generally not the case. Instead, citing fault grounds simply gives your spouse a chance to rebut your statement, which, in turn, may negatively impact the outcome of your divorce. That is why in most cases, despite how unsavory their spouse’s actions were, our firm will advise our clients to file for a no-fault divorce instead.

What is a no-fault divorce?

No-fault divorce is when spouses do not cite fault grounds in their divorce proceedings, and instead cite the following as the reasoning for their divorce:

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

No-fault divorce, despite its advantages, may still open spouses up to the litigation process. When you enter litigation, both spouses are required to state their cases in front of a judge in a courtroom setting, and from there, that judge will decide the outcome of your divorce. Unfortunately, divorce litigation is oftentimes emotionally and financially draining, which is why many couples will seek alternative dispute resolution methods instead, such as mediation, arbitration, or collaborative divorce.

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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