During a New Jersey divorce, the spouse filing the initial paperwork must cite a reason for the divorce, whether it is contested or uncontested. In general, uncontested divorces (also called no-fault divorces) are much more common because the couple can cite what’s called “irreconcilable differences” as grounds for the divorce. Meanwhile, contested divorces involve one spouse accusing the other of committing an act that lead to the divorce, like adultery or abuse. To learn more about irreconcilable differences in an uncontested NJ divorce, read this blog or reach out to an Ocean County Divorce Attorney today for quality legal counseling!
WHAT ARE IRRECONCILABLE DIFFERENCES IN AN UNCONTESTED DIVORCE?
Essentially, irreconcilable differences describe the breakdown of a couple’s marital relationship, and it implies that the couple is unable to work through their issues but both agree that divorce is the only viable option. The spouses may need to prove to the court that their marriage has been broken for at least 6 months in order to showcase irreconcilable differences. You don’t need to have lived separately from your spouse in order to cite irreconcilable differences or irretrievable breakdown of a marriage, but this can be further grounds for an uncontested divorce.
HOW CAN I FILE FOR AN UNCONTESTED DIVORCE IN NEW JERSEY?
It’s not required to hire legal representation during the divorce process in New Jersey, but many spouses choose to hire an experienced divorce attorney to help them navigate the complicated court procedures. Spouses cannot file for divorce jointly in our state, so the first step to any New Jersey divorce is for one spouse to file the proper documents with a local courthouse. Then, you’ll need to either hire a process server or sheriff to serve your spouse the divorce papers.
Uncontested divorces can typically be solved through either mediation or litigation, but litigation is much more common for contested divorces. This is because in a contested divorce, one spouse must prove that the other spouse has neglected their marital duties so there are far more courtroom battles involved. In the mediation process, spouses in no-fault divorces can come to a reasonable divorce settlement without a judge making a decision for them. A mediator can keep spouses informed on the entire divorce process while also helping them create their own agreement that works best for each spouse’s needs.
If you’re considering divorce, you might want to speak with a trusted divorce attorney first to figure out your best options. Thankfully, the Law Office of Sarina Gianna, LLC is on your side! Contact our firm today for an initial consultation with an experienced attorney that has your best interests in mind.