How Does New Jersey No-Fault Divorce Work?

Divorce is complicated–nobody will argue that. Unfortunately, some divorces are more complicated than others, especially if your spouse is a nasty or particularly unsavory human being. However, before you tell the world about your spouse’s faults, you have several options to consider. Please read on and reach out to our experienced New Jersey family law attorney to learn more about fault grounds and how our firm can help you through the legal process going forward. Here are some of the questions you may have:

What are the fault grounds that I can cite for divorce in New Jersey?

If you feel as though your spouse wronged you, we completely understand why you may wish to bring that to the court’s attention. After all, if he or she is the reason for the divorce, shouldn’t the courtroom know? Well, the answer is a tough one, except usually, it’s “no.” Unfortunately, fault grounds will generally have very little impact on the outcome of your divorce, with rare exceptions. In fact, in many cases, citing fault grounds can actually negatively impact the outcome of your divorce. For example, citing fault grounds allows your spouse to rebut those accusations, which will oftentimes increase the duration of the litigation process, as well as its hostility. Additionally, if your spouse can successfully spin his or her story, you may end up looking like a liar.

That being said, there are various fault grounds you may cite for your divorce, and they are as follows:

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

Of course, our firm understands that these are all unsavory, and sometimes vile acts, however, if we advise you against citing fault grounds, it is in your best interest.

What is a no-fault divorce in New Jersey?

When you file for no-fault divorce, you will not have to cite fault grounds. Instead, you will cite either irreconcilable difference for at least 6 months, or separation for at least 18 months. That being said, though choosing no-fault divorce is oftentimes the favorable option, you may still enter the litigation process if you are in a contested divorce, where your assets may be subjected to equitable distribution. This why you must retain the services of a compassionate, knowledgeable attorney who is ready to fight for your rights, every step of the way.

Contact our experienced New Jersey firm

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, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.