No Fault Divorce in New Jersey

One of the most confusing aspects of the divorce process for some people in New Jersey has to be the cause of action.  What one side has to prove, whether the other side can contest the divorce and how long the couple needs to be separated for leads many to put off a divorce due to their confusion.

New Jersey is a no-fault state.  A no-fault divorce means that the court will end the marriage based on separation or based on irreconcilable differences. In a no-fault divorce, the law does not require proof that either spouse was responsible for causing the marriage to end.  The bottom line is, if you want to get divorced, all you have to do is ask.  Since you don’t have to actually prove fault, your spouse cannot contest the divorce.

Some states require a period of separation  in order to get divorced via a no-fault cause of action.  Up to a few years ago, New Jersey was one of those states.  The only no-fault cause of action was “separation”.  Today, it is a moot point.  Regardless, the following requirements must be met for separation:

  • You or your spouse must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint.
  • You and your spouse must have lived apart (separate residences) for at least 18 consecutive months before beginning the divorce action.
  • There is no reasonable prospect of reconciliation.

To get around the 18 month rule, many litigants had to stretch, bend and twist the truth and claim extreme cruelty.  This started the case off on the wrong foot as the other side would get upset by these false  allegations.

Thankfully, we now have the irreconcilable differences cause of action in New Jersey.  To file a no-fault divorce complaint based on irreconcilable differences in New Jersey, the following requirements must be met:

  • You or your spouse must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint.
  • You and your spouse must have experienced irreconcilable differences for a period of six months.
  • The irreconcilable differences make it appear that the marriage should be dissolved.
  • There is no reasonable prospect of reconciliation.

As I said before, what the above really means is that if you want to get divorced, you will.  So, not only can you live in the same spouse as your future ex, you can live together after the divorce!

If you are thinking about getting a no fault divorce in New Jersey, call the lawyers that will help you divorce different.  With 10 offices in New Jersey, our divorce lawyers are easy to reach from anywhere in New Jersey.  Our divorce lawyers can also represent you in any New Jersey court.  Call us today to discuss your case.

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Posted on November 26, 2009, in Articles and tagged , , , . Bookmark the permalink. Leave a comment.

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