There are a number of grounds for divorce in NJ. The term “grounds” means the reason why you are asking the Court to grant you a divorce. There are no-fault grounds for divorce in NJ, often called a “no fault divorce.” And there are also fault grounds. A divorce attorney in Freehold, NJ can explain no-fault grounds for divorce and help you move to the next phase of your life.
What is a No Fault Divorce in NJ?
In New Jersey, you can file for divorce based on fault grounds or no-fault grounds. Fault grounds are things that your spouse did wrong that caused the end of your marriage, like having an affair or committing a crime. No-fault grounds do not claim that either of you did anything wrong. Prior to NJ allowing for no fault divorce, one person would need to prove that the other person was somehow at fault for the divorce – like adultery, abandonment, extreme cruelty, etc.
What Are New Jersey’s No-Fault Divorce Grounds?
NJ recognizes two no-fault divorce grounds:
Irreconcilable Differences
“Irreconcilable differences” is a legal term that means that you and your spouse do not get along and that your marriage cannot be repaired. To file based on these grounds in NJ, you must be able to show:
• You or your spouse has lived in NJ for at least 12 months in a row before the divorce filing
• You and your spouse have experienced irreconcilable differences for at least six months
• These differences make it appear that the marriage should be ended
• There is no reasonable prospect you will reconcile
Under this ground, you don’t have to allege anything negative about your spouse. You don’t have to wait six months before filing for divorce. Instead, the irreconcilable differences must have been present during the last six months.
Irreconcilable Differences
If you and your spouse have lived separately for a substantial amount of time, New Jersey courts can accept that the divorce is no one’s fault. To file for divorce based on separation, you must meet the following requirements:
• You and your spouse have lived separate and apart for at least 18 months
• There is no reasonable prospect that you will get back together
A Complaint for Divorce on grounds of separation cannot be filed until after the 18-month period.
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Talk To An Attorney And Get Your Legal Questions Answered
Which No-Fault Grounds Should I Choose?
Most people file for divorce for irreconcilable differences. The reason why is pretty simple. During divorce, and the marriage, most couples cannot afford to upkeep two separate residences – one of the requirements of separation. Also, the grounds of irreconcilable differences only requires that the differences last for 6 months – vs. 18 months for separation.
What Are the Benefits of Filing for No-Fault Divorce in New Jersey?
There are many benefits of filing for no-fault divorce in New Jersey that are worth considering, including:
• Less conflict – When you are not making allegations against your spouse, things can go a little more smoothly. Since most divorces end in a negotiated settlement anyway, this can lay the foundation for an amicable divorce.
• Privacy – Divorce filings are public record, so keeping things simple by alleging something simple and uncontroversial like “irreconcilable differences” or “separation” is often less solacious than filing on grounds of “adultery” or “extreme cruelty.”
• Lower burden – You need to be able to prove whatever you allege in your divorce complaint. With at-fault grounds, you first have to prove that your spouse did whatever you claim they did. Then, the case will turn to the other issues like child custody and property division. With no-fault grounds, you can mostly skip this step.
• Faster – If you don’t have to allege at-fault grounds to get a divorce, this can often speed up the process.
What Is the Difference Between an Uncontested Divorce and a No-Fault Divorce?
You may have heard other terms like “uncontested” divorce that are sometimes used interchangeably with the term “no-fault divorce.” However, these are not the same thing.
As explained above, no-fault divorce just means that you are not alleging that your spouse acted in a bad way that caused the end of your marriage. You just don’t get along or have lived separately for a while.
An “uncontested divorce” means that you and your spouse agree on the basic terms of your divorce, such as:
• How to divide your marital assets and debts
• Child custody and parenting time
• Child support
• Spousal support
It’s possible for you to file on no-fault grounds but for you and your spouse not to agree on these terms. However, you may be able to reach an agreement through negotiations through your lawyers or through the mediation process.
Talk To An Attorney And Get Your Legal Questions Answered
Talk To An Attorney And Get Your Legal Questions Answered
What Are the At-Fault Grounds for Divorce in New Jersey?
If you are not eligible for no-fault grounds or you need to allege wrongdoing in your divorce filing, it is helpful to know what New Jersey’s at-fault grounds are. These grounds and what you must prove include:
• Desertion – You must show that your spouse has abandoned you for 12 months or longer.
• Imprisonment – You must show that your spouse will be incarcerated for 18 months or longer after the marriage and you have not lived together again after their incarceration.
• Institutionalization – You must show that your spouse is being institutionalized for a mental illness that has lasted for at least 24 consecutive months.
• Extreme cruelty – Extreme cruelty in a NJ divorce filing means that you have suffered physical or mental cruelty that endangers your health or safety or that makes it unreasonable to expect you to continue in the marriage.
• Adultery or deviant sexual conduct – Under this filing, you may be required to prove that your spouse actually had an affair. You might need to provide circumstantial evidence to prove the affair, such as dates or places where the infidelity occurred that imply your spouse had the possibility and means of cheating.
• Addiction – Under an addiction ground, you must prove that your spouse was habitually drunk or dependent on a controlled substance for at least 12 months before the divorce filing.
Should I File for a No-Fault Divorce in New Jersey?
In most situations, we will recommend that you file for a no-fault divorce because of the benefits mentioned above. Also, filing for an at-fault divorce might not bring about any better outcome in your case than a no-fault divorce, but it can create additional conflict that might adversely affect your divorce. An experienced Freehold NJ divorce attorney can evaluate your circumstances and objectives to recommend what type of no-fault or at-fault ground to use as a basis for your divorce filing.
When Should I Not File on No-Fault Grounds?
There may be times when it is not best to file on no-fault grounds. For example, you may need to state that your spouse did something wrong in order to cause the end of the marriage. For example, if your spouse has been violent, your divorce attorney might recommend filing on the fault ground of extreme cruelty if you need the court to be aware of this information to protect you from domestic violence or when it makes a decision regarding child custody.
New Jersey courts do not generally consider fault when making decisions regarding the division of your property. However, if the bad actions have an economic effect – such as your spouse wasting marital assets on an affair partner – then the court can consider fault. An experienced divorce attorney in New Jersey can recommend which type of divorce to file for, based on your particular circumstances.
How Do I File for a No-Fault Divorce?
The process of filing for divorce, whether based on at-fault or no-fault grounds, begins with filing a Complaint for Divorce. It is important to work with a knowledgeable divorce attorney when preparing your Complaint. There are specific facts that you must allege and rules you must follow to ensure that you properly file your Complaint.
A divorce attorney can help you throughout the process of divorce by:
• Advising you of your legal rights and options
• Recommending whether to file an at-fault or no-fault divorce
• Recommending which ground to file under
• Preparing your legal paperwork
• Legally serving your spouse
• Gathering evidence, financial documents, and other important information
• Negotiating for a fair settlement
• Preparing discovery requests and responses
Talk To An Attorney And Get Your Legal Questions Answered
Talk To An Attorney And Get Your Legal Questions Answered
Talk To An Attorney And Get Your Legal Questions Answered
Talk To An Attorney And Get Your Legal Questions Answered
Contact the Law Office of Andrew R. Fischer
Schedule a free consultation with the Law Office of Andrew R. Fischer : New Jersey divorce attorney to discuss grounds for divorce in NJ.
