No-Fault Divorce Attorneys
The state of New Jersey allows for individuals filing for divorce to file for two different types of divorce, “no-fault divorce” and “fault-based divorce”. However, the vast majority of individuals seeking a divorce in New Jersey opt for a no-fault divorce for a variety of reasons (which we will discuss in detail in the sections below). Before deciding on whether to file a no-fault or fault divorce, it is always recommended to discuss the details of your situation with an experienced and qualified divorce attorney.
At The Law Offices of Jacobs Berger, our divorce and family law attorneys have extensive experience representing individuals going through the divorce process in local New Jersey communities. We view all of our divorce cases as an opportunity to help our clients build a new and solid foundation for the rest of their lives. Our attorneys understand the stresses and emotional factors of divorce and work closely with all our clients to ensure we are delivering the personalized legal service they deserve.
Call our office today for a confidential and comprehensive case assessment regarding your no-fault or fault divorce with a member of our qualified legal team.
No-Fault Divorce Attorneys Identify New Jersey Regulations
No-fault divorce in New Jersey must be filed on the basis of some “irreconcilable difference” within your marriage. In other words, you, your spouse, or both have decided that there issues within your marriage which causes you to believe that your marriage will not work. Many times, the simple fact that one spouse wants to divorce while the other does not is cited as the required irreconcilable difference, but an irreconcilable difference can also be issues related to children, work, lifestyle, compatibility, and just about anything else.
In order to be eligible for a no-fault divorce in New Jersey, individuals must meet the below criteria:
- Either you or your spouse has lived in New Jersey for a minimum of 12 consecutive months
- The irreconcilable differences cited in your divorce must have existed for a minimum of six (6) months
- Your desire to divorce is directly tied to the irreconcilable differences
- Neither you or your spouse believe there is a chance for reconciliation
Divorce Lawyers Discuss No-Fault vs. Fault Divorce
Unlike no-fault divorce, fault divorce requires our divorce lawyers to prove that a spouse acted in such a way to lead to a divorce. As pursuant to New Jersey Revised Statutes Section 2A:34-2, causes for at-fault divorces may be adultery, desertion, extreme cruelty, separation, voluntary substance abuse, mental illness, incarceration, or deviant sexual conduct.
For fault divorce, it must be proven that a spouse acted in one of these ways to be granted a fault divorce. In contrast to fault divorce, no-fault divorces cannot be denied assuming you fit the criteria listed in the previous section such as 12 months New Jersey residence, etc.
Beyond what is needed to actually execute these two different forms of divorce, judges may consider the cause of divorce when considering both alimony and child custody. While fault divorce does not inherently entitle the “innocent” party to a larger amount of alimony or a greater degree of child custody, it can be weighed. Other factors such as equitable distribution of marital assets and child support are not impacted by no-fault vs. fault divorce.
What are the Advantages of Seeking a No-Fault Divorce?
The situations which may lead to a divorce can be innumerable. Our Morris County no-fault divorce attorneys understand that only our clients can make the decision whether to file for no-fault or fault divorce. Ultimately, we are here to serve our clients’ needs in whatever way we can. With that being said, there are a handful of reasons to consider no-fault divorce over fault divorce.
It is easier.
Simply put, filing for no-fault divorce requires less red tape, no evidence of any wrongdoing, and is all-around an easier process. For individuals going through a stressful time, this can be reason enough to seek this option.
It may be better for families with children.
Fault divorce involves a degree of blaming a spouse for the separation. In the process, your family’s dirty laundry may be aired in a public setting. Children are sensitive and intelligent, and they will almost certainly understand that these negative actions will have an impact.
There are limited advantages to a Fault divorce.
As discussed above, alimony and child support considerations may be impacted by a successful fault divorce filing. However, that is about it when it comes to the benefits of fault divorce. Depending on your situation, the process of filing for fault divorce may or may not be worth the added effort.
You’re Divorce Cannot Be Denied.
Perhaps most importantly of all, given you meet the requirements listed in the first section of this page, your divorce will ultimately be granted once you and your spouse have agreed to the key settlements of child custody, child support, alimony, and marital asset division.
Contact our No-Fault Divorce Attorneys Today
The no-fault divorce attorneys of Jacobs Berger believe in providing the full legal picture to our clients so that they can make well informed and positive decisions. We take pride in offering comprehensive and dynamic legal services to individuals going through the divorce process across New Jersey. Our firm believes in mitigating the negative aspects of divorce while focusing on the building blocks of your new life.
Contact us online or through our Morristown offices by calling (973) 710-4366 today for a comprehensive and confidential case assessment regarding your no-fault divorce, fault divorce, or any other family law concern.