New Jersey is a no-fault state, which means that fault does not play a role in the decisions made during the divorce process. If you are considering a divorce, perhaps because one party was unfaithful or there are other less-than-desirable events, you may be curious how that plays a role in the divorce.
At Jersey Coast Family Law, you always get the honesty and clarity you need in how any type of factor will play a role in your case. Contact our New Jersey family lawyers now for guidance on the specific circumstances of your case.
Definition of No-Fault Divorce
In New Jersey, a fault divorce requires one spouse to prove that the other’s misconduct, such as adultery or cruelty, led to the breakdown of the marriage. In contrast, a no-fault divorce does not require proving wrongdoing; instead, it is based on irreconcilable differences or a separation of 18 months or more. As a no-fault state, New Jersey allows you to choose the type of divorce proceedings best for your situation. Note that it is possible to file a fault-based divorce, but that is not always the ideal option for many reasons.
For a no-fault divorce, the only requirements are that you and your spouse have not been been a couple and have been living separately for at least 18 months consecutively. Your case must show the New Jersey courts that there is no chance for the two of you to reconcile.
A no-fault divorce means that you only have to prove to the court that you have irreconcilable differences with your spouse. You do not have to prove that one party was at fault or caused the damage to the marriage.
For example, in a fault-based divorce, one party needs to claim and then prove that the other spouse was directly responsible for the marriage failing. This often comes down to misconduct occurring. In a no-fault state, there is no need to do this.
Grounds for No-Fault Divorce
In New Jersey, there are two specific types of no-fault divorce grounds.
1. Irreconcilable Differences
The first and often used method is to cite irreconcilable differences. That means you need to inform the court that you and your spouse can no longer get along with each other. As a result of that, your differences have led to a failure or breakdown of the marriage. This must be the case for at least six months. Also, note that you need to be clear that no reasonable prospect of reconciliation is expected.
2. Separation
The second reason for filing a no-fault divorce is separation. That is, you must show that you and your spouse have lived apart from each other, in different homes, for a period of 18 months or longer. You also must state that there is no reasonable prospect that reconciliation will be possible within the marriage. In this situation, the judge rules that there is little likelihood that the marriage will be reconciled.
5 Benefits of No-Fault Divorce
No-fault divorce is very much a common factor in today’s divorce world. If you still want to point the finger and go after the spouse who hurt you, that may still be an option, and in some situations, it is relevant. However, there are some clear benefits to no-fault divorce that you should take into consideration.
1. Reduced Conflict
The first significant benefit of a no-fault divorce is that it significantly reduces the conflict within the marriage. There is no need for accusations to be made between the spouses. This means that many divorces end on a more amicable level, and that could be good for your mental health as well as for that of your children.
2. Faster Proceedings
If there is no fault to fight over in the divorce, that may lead to less time spent on the process. There is less time spent resolving issues within the marriage or investing in more costly investigations to produce evidence to verify your rights.
3. Privacy
Another core factor to consider when using no-fault divorce is the value of privacy. When you file a fault case and it goes to trial, anyone with interest can look up court records to learn the details of your case. If you do not want to air that type of information or want your personal grievances to be on display in court, you may want to forgo fault divorce.
4. Impact on Settlement
No-fault divorce in New Jersey plays a role in every facet of the divorce proceedings. In every case, the division of property, alimony awards, child custody, and other factors are decided based on fairness. In other words, under New Jersey law, if you or your spouse were unfaithful, it will not directly impact the settlement you receive.
That is because, under the state’s laws, the decisions about how property is divided is never based on marital misconduct but rather on equitable division of the assets. In the case of child custody, the decisions are always made based on the best interest of the child, and not the parents in any way.
5. Considerations
It is important to know which method of divorce proceedings is suitable for your situation. No-fault grounds will simplify the process. Even in these situations, though, there is still the need to navigate the complexity of the divorce process. That includes decisions on financial division and custody matters.
In other words, just because no-fault is easier from a legal standpoint does not make the division of assets or decisions about child custody easier.
Fault-Based Grounds
No-fault divorces are common in New Jersey. For all of the reasons listed above, they tend to be the ideal choice for many couples. However, New Jersey still recognizes fault-based grounds. That includes grounds such as abandonment and adultery. In situations where this occurs, these factors can be used by the court to make decisions about alimony and other aspects of the divorce.
Legal Advice
Legal separation, divorce settlements, and deciding if there is a reason to pursue anything but irreconcilable differences as grounds for divorce are all complicated decisions that you should not make on your own. Working with a New Jersey family lawyer can offer insight and guidance to you on what legal opportunities you have for moving your case forward.
Contact Jersey Coast Family Law to learn more about the legal strategies we can offer to help you build a strong divorce case. With offices in Toms River and Red Bank serving clients throughout New Jersey, our New Jersey family lawyer is readily available to help you protect your rights and your family.
Call 732-361-4718 for guidance and legal support.
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