A wooden gavel rests on a sound block beside a brass balance scale, emblematic of a criminal defense lawyer's arsenal. These items, surrounded by books and papers, symbolize law and justice. The softly blurred background evokes the ambiance of a courtroom or legal office setting.

Fault Or No Fault That Is The Question

In the state of New Jersey, parties may choose either fault or no-fault grounds for divorce. While this was not always the case, as of the year 2007 a party may choose to file his or her divorce under “irreconcilable differences” instead of choosing another fault-based cause of action. The term “irreconcilable differences” is simply a way to say that the parties no longer get along, for whatever reason. This now begs the question of when it is appropriate to choose fault grounds, such as adultery or extreme cruelty, over the no-fault cause of action of irreconcilable differences.

First, and probably most obvious, is that in order to file under a fault cause of action, the actual fault must exist. Simply put, if you want to file a divorce under adultery, there should have actually been adultery. Further, it is important to note that you will have to substantiate your claim that this adultery occurred by being able to state with reasonable certainty when, where and with whom. You will also need to be prepared to serve the person with whom the adultery with a notice that he/she is named in your complaint. For some, it is important emotionally to go through this exercise. For others, it is not worth the additional effort, so the party chooses to file a no-fault cause of action instead.

There are other considerations when determining which cause of action should be used for a complaint for divorce. While the fault of one party over another does not impact a judge’s decision relative to equitable distribution and in many cases does not impact an alimony award, it may impact other aspects of your case. It is important to speak with an experienced family law attorney so that you can make an informed decision prior to filing your complaint for divorce. Posted by Robyn E. Ross, Esq.

Get to know Townsend Tomaio & Newmark
Play Button
video thumbnail
What Are The First Steps in Getting a Divorce in New Jersey? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Do Courts Decide on Custody? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Is Mediation Cheaper Than a Litigated Divorce? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Child Support is calculated | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Determining Alimony | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Can I Prevent My Spouse From Moving With My Child Out of State? | NJ Family Law Attorneys
Play Button
video thumbnail
Final Restraining Order | NJ Divorce and Family Law Attorneys
View More videos
In Our Community
Logo for Community Soup Kitchen and Outreach Center Inc. featuring a stylized orange soup bowl with steam. Text reads: Logo of the Randolph Education Foundation (REF) featuring an open book with stylized pages, symbolizing knowledge and guidance, next to the text The logo of Mayo Performing Arts Center showcases a purple stylized Logo of JBWS with two overlapping hands, featuring the text Logo for Interfaith Food Pantry Serving Morris County, featuring a red apple icon on the left, symbolizing nourishment and community support akin to how family law attorneys provide guidance in strengthening family foundations.Logo for CASA of Middlesex County, Inc. It features a blue figure with a heart overhead, symbolizing care and protection, and the text “Court Appointed Special Advocates for Children” below. Perfectly aligning with the mission similar to Family Law Attorneys in safeguarding children's rights.
Website Designed & Managed by
Accel Marketing Solutions