How are fault grounds cited in divorce?

For struggling couples, divorce may become an option. Sometimes situations become too toxic and are no longer as happy as they once were. These couples will have to undergo divorce proceedings to make their split official. If they go through an uncontested divorce, their divorce may be straightforward and avoid major conflicts. Through this process, couples are able to keep their privacy as long as they cooperate with one another. They may be able to undergo mediation to decide on important factors in divorce.

Other couples are not able to split as easily and without conflict. These couples may go through a contested divorce if they cannot decide on important factors. Due to this, the spouses may have to undergo litigation. If you are facing divorce litigation, our attorneys can best represent you. We understand how emotional this time can be and how sensitive these topics can be. With this in mind, we are compassionate to your needs and want to help you in any way that we can.

What is an uncontested divorce?

In New Jersey, couples have the option of filing for divorce without claiming a fault ground. Fault grounds usually include the fault of one party for the divorce. However, New Jersey gives spouses the option to cite irreconcilable differences or separation for at least 18 months as the grounds for divorce. With these reasons, neither spouse is responsible for the demise of the marriage.

Can I still cite a fault ground?

Although spouses have the option not to cite a fault ground, they are still able to claim a fault in the filing process. Spouses have the option to cite fault grounds that can include adultery, abandonment, incarceration, physical cruelty or mental cruelty.

Are their requirements before getting a divorce?

If couples decide to go through with a divorce, there are requirements that need to be met before filing. Couples will have to meet the residency requirement to decide which court has jurisdiction over the case. This requires that the spouses have lived in New Jersey for longer than a year before a court may take a divorce case.

When the jurisdiction is granted and the grounds for the divorce are established, the complaint for divorce can be drafted. This will start the divorce process for the couple. During a trial, a judge will decide on final decisions such as custody arrangements, alimony and the division of assets if this is needed. However, couples can instead undergo mediation.

If you require strong legal representation for matters related to divorce or family law, Haber Silver & Simpson is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.