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Citing Grounds for Divorce in New Jersey

Often times, going through a divorce is a difficult and tiring process. There are many steps to be taken in order to finalize the end of a marriage. To begin the proceedings, spouses are required to cite grounds for the divorce so that they can continue. Many people believe there is always a “fault” in a divorce case. However, this is not always the case. In the state of New Jersey, spouses can cite either fault or no-fault grounds in their divorce. When this is done, the proceedings can begin.

Fault Grounds

There are some cases in which a spouse may want to cite fault grounds for their divorce. When this is done, it means one spouse wishes to hold the other responsible for why their marriage is ending. There are many situations that fall under fault grounds in the state of New Jersey. This can include:

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

Sometimes, spouses can be unsure about whether or not they should cite fault grounds for their divorce. This may be because they do not want to go through litigation or wish to create further problems with the other spouse. When fault grounds is cited, the other spouse is able to respond to this accusation, possibly causing a difficult situation between the two. However, it is important to know that if a spouse chooses to cite fault grounds, it does not affect the outcome of their marital issues during the proceedings.

No-Fault Grounds

Spouses can also cite no-fault grounds to begin their divorce proceedings. When this is done, it means neither spouse wishes to hold the other responsible for the end of their divorce. They agree that their marriage has broken down and cannot be fixed. Grounds for a no-fault divorce may include:

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

In these situations, spouses must come to an agreement regarding their marital issues so that they can move forward with an uncontested divorce. This requires them to settle matters such as child custody, child support, parenting time, alimony, and the division of assets. When couples can agree to the terms of their separation, they do not need to go through litigation. They are able to participate in different methods of divorce to reach conclusions on their marital issues. Alternative methods can consist of a mediated divorce, collaborative divorce, or arbitration.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.