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Fault Grounds When Filing for Divorce | What to Know

To learn more about the difference between fault and no-fault divorce, reach out to our firm today. Our Morris County NJ divorce attorneys can walk you through the fault grounds process.

What is the difference between fault and no-fault divorce settlements?

Common ground between fault and no-fault divorce settlements is the fact that the equitable distribution process applies to both. This implies that all marital assets are be divided equitably no matter what type of divorce is chosen.

The biggest disadvantage of fault-based divorce is that it can often be denied by the court if inadequate evidence of fault is displayed. Meanwhile, no-fault divorces are virtually never denied.

As a result, fault-based divorces have more risk. It can put stress on the spouse who is citing fault because the result is not guaranteed.

If you are going through a fault-based divorce, you will benefit from retaining the services of an experienced Morris County NJ divorce attorney. Our legal team can help you with filing the various documentation and paperwork needed to have a favorable outcome. Furthermore, our attorneys will walk you through each step of the process ahead and help you to evaluate your options for fault ground citings. We will work to assure that your fault-based divorce is granted. It is our mission to make sure that our clients gain a divorce settlement agreement that is fair and most favorable to them. If you would like to learn more about how our firm can help you, it is in your best interest to give our firm a call today.

What fault grounds can I cite in my divorce?

A spouse can cite fault grounds against their spouse. The following are just some instances of common fault grounds that can be cited in a divorce:

  • Desertion
  • Extreme cruelty
  • Adultery
  • Narcotics addiction or alcoholism
  • Imprisonment
  • Deviant Sexual Misconduct
  • Institutionalization due to mental illness

It is also important to understand that the filing party must satisfy the burden of proof. This means that you will need to gather as much evidence as possible pointing to your fault grounds allegation. With the help of a skilled attorney, you will be able to obtain the support you need.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.