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What do I Need to Know About a No-Fault Divorce in New Jersey?

When going into a divorce, there are many difficult decisions that must be made. This includes the type of divorce a spouse will file for. In the state of New Jersey, there are two options when filing for divorce. This includes fault-based divorce or a no-fault divorce. It is important to understand the process and requirements of a no-fault divorce when facing one. Continue reading below to learn more.

What is a No-Fault Divorce?

In New Jersey, couples tend to pursue a no-fault divorce when they do not believe either party is responsible for causing the end of their marriage. They take place when there are issues within the marriage that cannot be fixed, therefore one or both parties believes the relationship cannot continue. These issues are legally known as “irreconcilable differences.” This can include disagreements regarding how to raise their children together or the state of their financial situation. It tends to occur more commonly when one spouse wants a divorce and the other one does not. 

Unlike a fault-based divorce, the courts cannot deny a no-fault divorce. However, before it is granted, both spouses are required to come to conclusions regarding the future of key issues in their case. This can include asset and debt division, child support, child custody, alimony, etc.

What are the Requirements of a No-Fault Divorce?

When filing a no-fault divorce in the state of New Jersey, there are four major requirements that spouses should be aware of. This includes the following: 

  • Either spouse has resided in New Jersey for at least 12 consecutive months before filing for divorce
  • Both spouses have experienced irreconcilable differences for at least six months
  • The irreconcilable differences makes it clear the marriage has broken down and should end
  • Either spouse believes there is no reasonable chance for reconciliation

It is important to know that if documents or paperwork is misfiled, or filed in the wrong courthouse, the spouse will most likely be required to restart the process of filing. 

Contact our Firm

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