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How No-Fault Divorce Works in New Jersey

How No-Fault Divorce Works in New Jersey

Divorce is an overwhelming process for many, especially if you and your spouse cannot agree on its terms. Fortunately, with the right attorney on your side, it does not have to be so emotionally, physically, and financially draining. Fortunately for many couples, New Jersey is a no-fault state, which means couples can file no-fault divorces. Please read on and reach out to our experienced New Jersey divorce attorney to learn more about no-fault divorce and how our firm can help you through the legal process going forward. Here are some of the questions you may have:

What grounds for divorce can I cite in New Jersey?

When spouses are wronged, they often wish to publicly state how their spouse betrayed them and why they wish to divorce him/her. Spouses will also cite fault grounds because they believe that doing so may impact the outcome of their divorce. This is a fair assumption–why wouldn’t a rotten act on your spouse’s part tip the court’s decision in your favor? Unfortunately, citing fault grounds rarely positively impacts the outcome of your divorce; in fact, it can actually do just the opposite.

When you cite fault grounds, you give your spouse a chance to respond and deny your accusations, which oftentimes only prolongs the litigation process, ultimately costing you both more time and money. That is why generally, our firm advises our clients to ultimately file for no-fault divorce, with certain very rare exceptions. However, if you do wish to cite fault grounds, you may choose from the following:

  • Desertion
  • Incarceration
  • Institutionalization
  • Extreme cruelty
  • Adultery
  • Abandonment

What is a New Jersey no-fault divorce?

No-fault divorce is essentially when you choose not to cite fault grounds and instead state one of the following reasons:

  • Irreconcilable differences for at least 6 months
  • Separation for at least 18 months

In many cases, contested no-fault divorces will still fall into litigation, which means your marital assets may be subjected to equitable distribution. That is why in today’s day and age, more and more spouses are choosing alternative dispute resolutions, such as mediation. For a divorce attorney or mediator you can trust, simply speak with our compassionate firm today.

Contact our experienced New Jersey firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.

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