There are many difficult decisions that have to be made when going into a divorce. One of these matters that couples face is what kind of divorce they will file for. In New Jersey, there are two options when filing for divorce: fault-based divorce or a no-fault divorce. During this time, it is important to understand what a no-fault divorce entails, its requirements, and the process. Continue reading below to learn more.

What is a No-Fault Divorce?

Couples in the state of New Jersey generally pursue a no-fault divorce when they do not believe their partner is at fault for causing the divorce. These divorces occur based on the idea that there are issues within the marriage that cannot be resolved, therefore it cannot continue. These issues are legally referred to as “irreconcilable differences.” This can include anything from how to raise children together to disagreements regarding finances. More commonly, it tends to be the case when one spouse wants to divorce and the other does not. 

Unlike a fault-based divorce, no-fault divorces cannot be denied by the courts. Before the divorce can be granted, both parties are required to reach agreements regarding the key issues of their case. This can include asset and debt division, child support, child custody, alimony, etc.

What are the Requirements of a No-Fault Divorce?

There are four requirements to be aware of when filing for a no-fault divorce in New Jersey, including:

  • 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 makes it clear the marriage has broken down and should end
  • Either spouse believes there is no reasonable chance for reconciliation

In the event that documents or paperwork is misfiled, or filed in the wrong courthouse, the individual will most likely be required to start the process over again.

Contact our Firm

If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.