Florham Park Legal Blog

No-fault divorce in New Jersey

Posted by Sharon E. Johnson | Dec 01, 2023 | 0 Comments

Once you have decided you want to get a divorce, you should choose the option to file. In New Jersey, you can file for a no-fault or fault divorce. With no-fault divorce, you don't need to state why you want to dissolve your marriage or accuse your spouse of doing anything wrong – you just need to say that you have irreconcilable differences.

Here is what to know about this divorce option:

Do you qualify for it?

To file for a no-fault divorce, either you or your spouse must have lived in New Jersey for 12 consecutive months before filing. At least one of you has to say that you have experienced irreconcilable differences for at least six months and is sure there is no way to make the marriage work. So you can file even if your spouse does not agree.

Is this divorce option beneficial?

A no-fault divorce offers several benefits. Firstly, it's easier and quicker, as you don't need to provide proof for any grounds. All you need to state is you and your spouse have irreconcilable differences that can't be reconciled. And since it takes less time, it's less expensive – you won't spend as much on court costs, attorney fees and so on.

Additionally, no-fault divorce offers privacy, as you don't need to specify why you are getting the divorce. This may not be the case in fault divorces where couples publicly testify about their grounds for filing, which can be adultery, extreme cruelty, incarceration for an extended period and so on.

No-fault divorce is more affordable and quicker and it involves less conflict. If you meet its requirements, you can file for it. Seek legal help to understand your case in-depth and make informed decisions from the word go.

About the Author

Sharon E. Johnson
Sharon E. Johnson

Sharon E. Johnson is a principal with the law firm of Johnson & Johnson and has been engaged in the practice of law for more than 25 years. Sharon concentrates her practice in the area of matrimonial/family law and related matters including divorce litigation, divorce mediation, collaborative div...

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