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No Fault Divorce

Morris County NJ No-Fault Divorce Lawyers

Divorce and Family Law Attorneys with Offices in Whippany, New Jersey

Morris County No Fault Divorce

It is common to associate the word divorce with contentious, protracted legal battles. However, not every divorce has to be acrimonious. With professional attorneys working on behalf of both parties, many couples can come to reasonable resolutions through the process of no-fault divorce. With a commitment to cooperation, you and your spouse can maintain a level of civility that diminishes the stress and strain on you and your family, and reach agreements regarding issues such as division of assets, alimony, child custody, and child support. By avoiding the long and potentially ugly process of litigation, both you and your spouse can save time, money, and the emotional burden of a legal fight.

Townsend, Tomaio & Newmark, is a New Jersey family law firm dedicated to guiding couples through divorce and family law matters. With more than 75 years of combined experience, our New Jersey divorce lawyers are here to facilitate as painless, cost-effective, and amicable a divorce process as possible. Our firm is led by three distinguished legal professionals who are among the 2 percent of their peers recognized by the Supreme Court of New Jersey as matrimonial law attorneys. Their team of skilled family lawyers includes members with particular knowledge in areas ranging from mediation to complex property distribution. By assembling a group of superior family law attorneys with diverse areas of expertise, we are able to effectively address every facet of your case in pursuit of the best possible outcomes. To learn more, contact our offices in Whippany to speak with one of our New Jersey no-fault divorce attorneys and receive a free initial consultation.

What is a No-Fault Divorce in New Jersey?

On January 20, 2007, New Jersey passed a new law that significantly modified its divorce policy. Essentially, this date marks New Jersey’s transformation into a “no-fault” state. Before this landmark change, New Jersey couples seeking a divorce were required to be separated for a period of 18 months prior to their initial divorce filing, or they had to cite one of the grounds for a fault divorce. With Governor Corzine’s signature, New Jersey opened its doors to a new divorce path: the no-fault divorce based on “irreconcilable differences.” Now, New Jersey spouses have two options for no-fault divorce, one of which involves separation, while the other involves irreconcilable differences.

No-Fault Divorce Involving Separation

If you and your spouse intend to pursue a no-fault divorce based on separation, you are required to live in separate residences for a minimum of 18 months before filing for divorce. The court assumes that after a year and a half of living apart, reconciliation is no longer a reasonable expectation.

No-Fault Divorce Involving Irreconcilable Differences

If you and your spouse have suffered from a severe marital breakdown that has persisted for at least six months, you may be eligible to file for a no-fault divorce based on irreconcilable differences. It is important to note that you and your spouse must have established residency in New Jersey for at least 12 consecutive months in order to pursue a no-fault divorce on these grounds. Unlike no-fault divorce founded on a physical separation between the parties, a no-fault divorce based on irreconcilable differences allows both individuals to remain in the same house if they so choose. For married couples who share children or are financially constrained, this may serve as the most viable option.

Fault vs. No Fault Divorce

Some individuals consider filing for a fault-based divorce based on the assumption that it will provide them with leverage during determinations such as alimony and spousal support. However, New Jersey law does not take fault into account when awarding alimony, except in very rare circumstances. If you pursue a fault-based divorce, you will have to indicate the specific grounds in your Initial Complaint for Divorce. New Jersey recognizes a number of grounds for divorce, including adultery, domestic abuse, desertion, extreme cruelty, substance abuse, imprisonment, institutionalization, and deviant sexual conduct.

Speak to Our Central New Jersey No-Fault Divorce Attorneys Today

Every divorce is entirely unique to the people and circumstances involved. If you are considering filing for divorce and unsure as to whether or not a fault or no-fault divorce is your best option, it is essential to become thoroughly educated about the benefits and drawbacks of each. Contact our centrally-located offices in Whippany, New Jersey for a free and confidential consultation about your case. One of our highly knowledgeable New Jersey divorce lawyers will be happy to answer all of your questions.