Choosing Between Fault and No-Fault Grounds in the State of New Jersey

Though marriage is often a source of happiness, it can also be a huge emotional burden when it doesn’t work out. When someone is going through a divorce, life suddenly gets complicated, which can sometimes seem altogether too stressful. That is why it pays to hire a good attorney and educate yourself about the divorce laws in New Jersey. With a bit of reading and some help from an experienced attorney, the divorce process does not have to be an entirely painful one. Here are some answers to some of the most common questions concerning divorce in the state of New Jersey:

What are the different ways in which you could file for divorce?

Since New Jersey is a “no-fault” state, you do not have to cite any specific “fault grounds” when you file for divorce. You will be advised to file for a “no-fault” divorce in most cases, due to the fact that citing fault grounds tends to create a much longer and expensive process, while also making it harder to win. By citing fault grounds, you give the other party a chance to contest whatever grounds you cite for leaving them, giving them the opportunity to open the case up as they try to prove you wrong. While it should be noted that generally, citing fault grounds also has little to no impact on your case, you still have the right to cite them if you feel it necessary.

What are some examples of fault grounds that you could cite?

There are several grounds you could cite for leaving your spouse. While these are all unsavory actions, it should be kept in mind that you may be putting your case on the line by not filing for a “no-fault” divorce. Here are some of the grounds you may cite:

  • Adultery
  • Desertion
  • Extreme cruelty
  • Substance abuse
  • Institutionalization
  • Imprisonment
  • Deviant sexual conduct

If you are a victim of domestic abuse, you should contact the appropriate authorities immediately, and then get in touch with an attorney who can help you stay safe.

Contact our New Jersey firm

We understand how sensitive divorce can be, which is why you must hire a team of compassionate attorneys who know the ins and outs of divorce. Divorce can be an uphill battle to fight alone, and you deserve peace of mind knowing that your attorneys are experienced and dedicated to achieving an outcome that works for you.


Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, contact The Law Offices of George J. Mardinly to schedule a consultation.