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No Fault Divorce

NJ No Fault Divorce Lawyers

Simplifying the divorce process

There are two kinds of divorce in New Jersey: fault and no fault. Depending on your exact situation, both can be appropriate avenues, but no fault divorce tends to be more straightforward. It’s also significantly more common.

The family law attorneys at Jacobs Berger, LLC have years of experience in working with clients on both no fault and fault divorces. We view all our divorce cases as an opportunity to help our clients build a new and solid foundation for their lives moving forward.

Before deciding on whether to file a no fault or fault-based divorce, it’s always recommended to discuss the details of your particular situation with an experienced and qualified attorney.

If you’re considering or beginning a divorce, contact us. Our skilled NJ no fault divorce lawyers can guide you through the process.

What Is a No Fault Divorce?

No fault divorce means you want to divorce because of “irreconcilable differences.” It’s different from fault divorce, where one spouse must be legally proven to be at fault for the divorce.

In other words, if one party had an affair, a fault divorce would require proving the affair in court, a process that’s part of the public record. A no fault divorce would simply require the parties to file under irreconcilable differences.

For this and other reasons (see below), no fault divorce can be much more straightforward. To be able to file for no fault divorce, the following must be the case:

  • Either you or your spouse has lived in the state of New Jersey for at least twelve consecutive months
  • There have been “irreconcilable differences” in your marriage for at least six months that are leading you to seek a divorce
  • You believe there’s no prospect of reconciliation

The “irreconcilable differences” cited in your no fault divorce can be as straightforward as one spouse wanting to get divorced while the other doesn’t. “Irreconcilable differences” can also be related to children, work, lifestyle, compatibility, and other life factors.

At Jacobs Berger, our NJ no fault divorce lawyers understand the emotional and logistical stress of divorce, and we work closely with all our clients to ensure we’re delivering the personalized legal service they deserve.

Benefits of a No Fault Divorce in New Jersey

There are many reasons why no fault divorces are far more common in New Jersey than fault-based divorces.

One of the primary reasons why people use no fault divorce is that they don’t have to prove a spouse’s wrongdoing to be granted a divorce. In other words, it’s easier.

No fault divorce can also be better for families with children. Fault divorce involves a degree of proving one person is to blame. In the process, your family’s private business may become public.

Children are sensitive and intelligent, and proving fault in a breakup may bring them closer to the details of the divorce than is necessary.

Under certain circumstances, a successful fault divorce in New Jersey can impact the outcome of alimony and child support. However, this is one of the only benefits when it comes to a fault divorce case. Depending on your situation, the process of filing for fault divorce may or may not be worth the added effort.

Perhaps most importantly of all, no fault divorces are granted once the parties have reached a settlement agreement on child custody, child support, alimony, and marital asset division. The same cannot be said for every fault-based divorce case.

If you meet the requirements for no fault divorce, your divorce can’t be denied.

At Jacobs Berger, our experienced NJ no fault divorce lawyers understand the importance of working with our clients to find the approach that fits their needs and helps them move forward with their lives.

How to Get a No Fault Divorce in NJ

To get a no fault divorce, many people hire NJ no fault divorce lawyers to guide them through the alternative dispute resolution (ADR) process known as mediation. Mediation is often faster and less expensive than a court divorce.

Once the parties have reached a settlement agreement, they can then file paperwork with the courts to get approval for their divorce. Alternatively, if some or all of their matters cannot be resolved through mediation or arbitration, then they may pursue a court divorce to work through the remaining issues.

The NJ no fault divorce lawyers at Jacobs Berger have extensive experience in working with clients on all aspects of divorce, including ADR methods like mediation and arbitration, as well as court divorce. We’re also trained mediators, so we fully understand the ADR process from all angles.

NJ No Fault Divorce FAQs

New Jersey is a no fault divorce state, which means it’s possible to get a divorce on the grounds of “irreconcilable differences”—in other words, without having to prove that one spouse is at fault for the dissolution of the marriage.

A fault divorce requires proving one spouse’s wrongdoing in court. If the court believes the spouse is at fault, then the divorce may be granted.

Fault divorce may be pursued on the grounds of:

  • Adultery
  • Desertion
  • Extreme cruelty
  • Separation
  • Voluntary substance abuse
  • Mental illness
  • Incarceration
  • Deviant sexual conduct

No fault divorce, on the other hand, means that the parties have been experiencing “irreconcilable differences” in their marriage for a period of six months or more and they don’t believe these differences can be resolved.

So long as at least one of the parties has been living in New Jersey for a period of twelve consecutive months or more, the parties can then file for no fault divorce. With this approach, neither party has to prove in court that the other is to blame.

Every divorce is different, even among no fault divorce cases.

Typically, the length of time it takes to get divorced is determined by the number of factors to be considered in the settlement agreement and the willingness of both parties to compromise.

For no fault divorces with children, multiple properties, extensive assets or debt, and other complex factors, the process usually takes longer because there are more components the parties need to address in their settlement agreement.

Likewise, if the parties refuse to make compromises, the process will take longer because the mediation, arbitration, and even subsequent proceedings in court will take more time.

The NJ no fault divorce lawyers at Jacobs Berger understand that each divorce case is different. We work with our clients to find solutions that fit their needs and the ways in which they’d like to move forward.

Contact Our NJ No Fault Divorce Lawyers

The NJ no fault divorce lawyers at 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 impacts of divorce and focusing on the building blocks for a solid future.

If you’re considering a divorce or beginning the divorce process, contact us today for a strategic planning session—and lay the groundwork for your life moving forward.