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Citing Grounds for Divorce in New Jersey

Going through a divorce can often be a very complex and exhausting process for all people involved. In the state of New Jersey, spouses must meet certain requirements before the may begin the divorce proceedings. One of the first things to be done is for spouses to cite grounds for their divorce. While many believe divorces happen as a result of one spouse “fault” for the end of the marriage, this is not always the case. In the state of New Jersey, spouses can cite fault or no-fault grounds for their divorce.

Fault Grounds

When divorce proceedings begin, spouses have the opportunity to cite fault grounds. When a fault grounds is cited in a divorce case, it means one spouse is holding the other spouse responsible for the end of their marriage. In the state of New Jersey, there are several grounds to cite fault for. This can include:

  • Adultery
  • Desertion
  • Non-support
  • Impotence
  • Imprisonment of 5 or more years
  • Gross habits of intoxication
  • Cruel and abusive treatment

Many spouses are unsure about citing fault grounds in a divorce. This is because of the possibility of litigation or creating further problems with their spouse. When one spouse cites fault grounds, the other spouse is able to answer that accusation. This could possibly lead to more legal issues. Many people believe that when a spouse cites fault grounds, it will affect the outcome of the divorce. However, fault grounds usually do not have an impact on the outcome of a spouse’s marital issues.

No-Fault Grounds

When no-fault grounds is cited in a divorce, it means neither spouse wishes to hold the other responsible for the end of their marriage. In the event of this, the divorce proceedings may begin and spouses can begin to settle marital issues. No-fault grounds in a divorce is also known as an “Irretrievable Breakdown of Marriage.” This requires spouses to agree on all marital assets before they may file for divorce. These issues may include child custody, child support, parenting time, alimony, and the division of assets. In this case, the couple has the opportunity to decide the method they wish to use to divorce. Different methods consist of mediation, arbitration, collaborative divorce, or private discussions.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact the Law Office of Sabrina Gianna, LLC. today.

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.