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No-Fault Divorce in New Jersey | What to Know

Nowadays, many couples choose to get divorced. Sometimes, this is due to a specific reason, such as adultery, incarceration, and so on. But, often, spouses grow apart and their marriage no longer works. If this is the case, you may want to file for a no-fault divorce. Read on to learn more about no-fault divorce in New Jersey.

What is a No-Fault Divorce?

In New Jersey, most couples who are getting divorced choose to get a no-fault divorce. This takes 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.” Unlike a fault-based divorce, the courts cannot deny a no-fault divorce. Additionally, no-fault divorces tend to be more private, because they do not require proof of fault. 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 you 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 make 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. 

Mediation vs Litigation: What is the Difference?

Many couples who file for no-fault divorce partake in mediation. Mediation involves a neutral third party helping a couple work through the matters of their divorce outside of court. This is usually a faster, less expensive, and more private option. On the other hand, litigation involves taking a divorce to court and having the court decide upon matters on your behalf. There is no universally right way to handle a divorce, so it is best to do your research and determine which method will work best for you.

If you have any questions or concerns regarding divorce in New Jersey, contact our firm today. We are here to advocate for you and walk you through the process each step of the way. Do not hesitate to reach out and speak with an experienced and dedicated attorney.


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