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Should I Cite Fault Grounds When Filing Divorce?

Fault-based divorces do not need to show irreconcilable differences between the parties or that the parties have lived separately for a set period of time. Instead, a fault divorce will need the plaintiff to prove that one of seven specific grounds for a fault-based divorce in New Jersey is true. To learn more about the fault grounds you can cite in a divorce, continue reading. For assistance with your upcoming divorce, reach out to our New Jersey fault-based divorce attorney. Our team is here to help.

What fault grounds can I cite in my divorce?

The following fault grounds can be cited in a divorce:

  • Adultery
  • Desertion
  • Extreme cruelty
  • Narcotics addiction or alcoholism
  • Imprisonment
  • Deviant Sexual Misconduct
  • Institutionalization due to mental illness

The burden of proof is on the filing party meaning is it crucial to gather and present concrete evidence. With the assistance of an experienced divorce attorney in your corner, they will help you to gain insight into your individual case and will support you through the process.

What is the difference between fault and no-fault divorce settlements?

Regardless of the type of divorce, the equitable distribution process for fault and no-fault divorces are similar. All martial assets will be divided equitably for both types of divorce.

If any of the grounds for divorce include alcoholism or narcotics addiction, the plaintiff may seek compensation for these damages as a part of their alimony agreement.

The primary disadvantage to fault-based divorces is that the divorce can be denied by the courts if insufficient evidence of fault is demonstrated. No-fault divorces are almost never denied. For this reason, fault-based divorce can be a more stressful process because the outcome is not guaranteed.

If you are pursuing a fault-based divorce, you will require the assistance of our New Jersey fault-based divorce attorney who can assist you in filing various documents and paperwork involved, consider your options for fault ground citings, and much more. To learn about our services and how our firm can assist you, give our legal team a call today. Our firm will help you ensure that your at-fault divorce is granted and that your divorce settlement agreement is fair to you. Contact us today to get started.

Contact our experienced Ocean City 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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