×

What is a No-Fault Divorce in New Jersey?

What is a No-Fault Divorce in New Jersey?

Divorce is complicated, and if you believe that your spouse is the true reason for divorce, there is a very good chance that you are looking to disclose this reason to the courts. That being said, this is generally not your best option. Please continue reading to learn more about fault grounds, why New Jersey is a no-fault state, and why our experienced New Jersey divorce attorney would recommend filing for no-fault divorce, under most circumstances. Here are some of the questions you may have:

What are the fault grounds for divorce in New Jersey?

If you are looking to get divorced in New Jersey and wish to tell the courts why, there are various fault grounds that you may cite. Those fault grounds are as follows:

  • Adultery
  • Extreme cruelty
  • Deviant sexual conduct
  • Incarceration
  • Institutionalization for mental illness
  • Desertion
  • Addiction

Should I cite fault grounds in my divorce?

While you absolutely have the legal right to cite fault grounds for your New Jersey divorce, the truth is, it is generally not in your best interest to do so. This is because generally, when you cite fault grounds, you give your spouse a chance to rebut those grounds, which oftentimes will extend the divorce process, costing you more time and money. Furthermore, you should understand that in most cases, citing fault grounds will not work to your benefit, unless the grounds are very severe. For example, adultery, as reprehensible as it may be, will generally not even impact the outcome of your divorce. That is why, in most cases, since New Jersey is a no-fault state, we will recommend that you simply file a no-fault divorce. When you file a no-fault divorce, you may either cite irreconcilable differences or separation of at least 18 months. Once you file a no-fault divorce, our firm will then work to achieve the most favorable outcome possible on your behalf.

If you have any other questions, please do not hesitate to continue reading and speak with our knowledgeable New Jersey divorce attorney today. Our firm has helped countless individuals through the process for years, and we are ready to do the same for you. All you have to do is pick up the phone and give us a call.

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.

Read Our Latest Blogs

  •  What You Need to Know About Modifying Child Custody in New Jersey
  •  When Can I Stop Paying Child Support in New Jersey?
  •  What is a No-Fault Divorce in New Jersey?