What You Need to Know About No-Fault Divorce in New Jersey

When spouses get divorced, they are faced with several options. One of those options is to cite fault grounds or to file a no-fault divorce. Please continue reading and speak with our New Jersey divorce attorneys to learn more about no-fault divorce and how our firm can assist you through the legal process ahead. Here are some of the questions you may have:

What is a no-fault divorce?

When someone initiates the divorce process, they will have the option of citing fault grounds or not. This is because New Jersey is a no-fault state. That being said, if you do not wish to cite specific fault grounds, you can choose to either cite irreconcilable differences or separation for at least 18 months. In most cases, no-fault divorce is your best option, however, if you wish to cite specific fault grounds, you may.

What are citable fault grounds in New Jersey?

There are various fault grounds that you may cite as the cause of your divorce in New Jersey, some of which are as follows:

  • Abandonment
  • Addiction
  • Adultery
  • Deviant sexual conduct
  • Extreme cruelty
  • Incarceration
  • Institutionalization

That being said, our firm generally advises clients to file a no-fault divorce, as opposed to citing fault grounds. This is because, in most cases, fault grounds will have little to no impact on the outcome of your divorce, and, furthermore, they will give your spouse a chance to respond to your allegations. In many cases, this makes for a drawn-out and hostile process. Only under very rare circumstances will fault grounds move the outcome of a divorce into one spouse’s favor.

Does my divorce have to go through litigation?

For many spouses, entering a courtroom to hash out property distribution, alimony/child support, and child custody terms is a bit overwhelming. Fortunately for those spouses, as long as they are capable of making a compromise, there are other options on the table. For example, in many cases, spouses will choose to enter mediation, wherein a nonbiased third-party mediator will meet with the spouses outside of a courtroom setting and facilitate a civil conversation between both spouses to iron out any disagreements regarding their divorce agreement that they may have. In most cases, this is a quicker, more cost-effective means of divorce, and generally, both spouses can walk away feeling as though their voices have been heard, making them all the more likely to feel satisfied with the outcome. For any further questions, give us a call today.

Contact our experienced New Jersey 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.