The process of divorce begins with a complaint being filed by the spouse who wishes to pursue the matter. Within this complaint is the type of divorce they want to file for. In New Jersey, there are two different options when filing for divorce: a fault-based divorce or a no-fault divorce. When going into a no-fault divorce, it is important to understand the process and the necessary requirements. Continue reading below to learn more and contact an experienced New Jersey divorce attorney for assistance with your case.
What is a No-Fault Divorce?
When neither party in a divorce wants to hold the other responsible for the end of their marriage, they can participate in a no-fault divorce case. This takes place when there are issues within the marriage that cannot be resolved, therefore one or both spouses believe it cannot continue. In legal terms, this is referred to as “irreconcilable differences.” A common reason as to why spouses may disagree can be if one party does not want to divorce and the other does.
Other disagreements that may be seen within a marriage can include how to raise children or certain financial matters. While New Jersey courts cannot deny a no-fault divorce, both parties are required to reach conclusions about the future of their marital issues before the divorce is officially granted. These matters can include asset and debt division, child support, child custody, alimony, etc.
What are the Requirements of a No-Fault Divorce?
In order to file for a no-fault divorce in the state of New Jersey, there are certain requirements that the spouses must meet. This includes the following:
- Either spouse has resided in New Jersey for at least 12 consecutive months before filing for divorce
- Both spouses have experienced irreconcilable differences for at least six months
- The irreconcilable differences makes it clear the marriage has broken down and should end
- Either spouse believes there is no reasonable chance for reconciliation
Contact our Firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello 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.