New Jersey No-Fault Divorce Lawyer:
Can Divorces Avoid the Question “Whose Fault Is It?”
A no-fault divorce lawyer in New Jersey helps clients file for divorce based on no-fault grounds such as separation or irreconcilable differences, so the marriage can end without placing blame on either spouse. In New Jersey, the causes of action for divorce are listed in N.J.S.A. 2A:34-2.
There are two grounds for no-fault divorce and seven grounds for fault divorce, although fault grounds are rarely used in New Jersey. The no-fault causes of action are separation and irreconcilable differences. For a divorce on the grounds of separation, you must prove that you and your spouse have lived separately and apart for at least 18 consecutive months and that there is no reasonable prospect of reconciliation. For a divorce based on irreconcilable differences, you must prove that you and your spouse’s marriage has been irreconcilably broken down for at least six months and that there is no reasonable prospect of reconciliation. In other words, these no-fault grounds provide an avenue to end your marriage without placing the blame on your spouse. This avenue shifts the focus in the divorce process toward practical issues such as property division, child custody, support, and similar logistics. If both spouses reach an agreement on all terms, the matter may proceed as an uncontested divorce; if they cannot agree, it is a contested divorce.
The fault-based grounds for divorce are adultery, desertion, extreme cruelty, voluntarily induced addiction to a narcotic drug or habitual drunkenness, institutionalization for mental illness, imprisonment, or deviant sexual conduct. Each one of these grounds requires you to prove each element of the cause of action, showing that your spouse is at fault for the breakdown of the marriage.
For New Jersey individuals and families weighing divorce options or dealing with more complex family law issues, it is important to understand both the no-fault and fault-based process, what each ground requires, and how those choices may affect financial outcomes. For whichever cause of action you decide to bring, you will need to prove the elements involved. Therefore, it may be more difficult to prove the causes of action for a fault-based divorce, as you will need to prove to the court that your spouse is at fault. Further, filing for a fault-based divorce will not necessarily provide you with a better outcome than filing for a no-fault divorce. The court does not generally focus on fault when determining financial issues between the parties, but instead on fairness and may determine outcomes based on the parties’ economic circumstances, except when one party is responsible for a negative economic situation; for instance, if one spouse gambled away the couple’s money, that conduct can affect property division involving marital assets and the marital estate. Therefore, your prospects of being ordered to pay or receive alimony are no better if you file for a fault-based divorce as opposed to a no-fault divorce.
If you are looking to file for divorce and would like to speak with an experienced divorce attorney, contact Sarno da Costa D’Aniello Maceri Webb LLC today to schedule a consultation. Our family law team, led by Angelo Sarno, is dedicated to seeking the most favorable resolution possible for your divorce. If you have any general questions regarding divorce or other aspects of family law, check out our blog and articles on our website.
