A fault-based divorce involves one spouse proving that the other provides valid fault grounds for divorce. When facing a fault-based divorce, it is recommended that you retain the services of an experienced fault-based divorce attorney. The fault will need to be demonstrated for the divorce to be granted. Our attorney will assist you in proving certain fault actions occurred. To learn more about the fault grounds you can cite in a divorce, read on, and reach out to our experienced New Jersey divorce firm.

What fault grounds can I cite in my divorce?

The following are the fault grounds that can be cited in a divorce:

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

It is important to understand that burden of proof is on the filing party. This means it is crucial to gather and present concrete evidence. Having an attorney in your corner will allow you to gain insight into your case. Your attorney will support you through each step of the process.

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

The one similarity between fault and no-fault divorce settlement is the equitable distribution process. All martial assets will be divided equitably for both types of divorce.

It is important to consider the primary disadvantage of fault-based divorce. This divorce process can be denied by the court if insufficient evidence of fault is demonstrated. On the other hand, no-fault divorces are almost never denied.

For this reason, fault-based divorces have more risk. It can put stress on the spouse who is citing fault because the outcome is not guaranteed.

This is why if you are facing a fault-based divorce, you will benefit from retaining the services of an experienced Monmouth County divorce attorney. Our legal team can assist you in filing the various documentation and paperwork needed to have a successful outcome We will walk you through each step of the process ahead and help you to consider your options for fault ground citings. We will work to ensure that your fault-based divorce is granted. We want each of our clients to gain a divorce settlement agreement that is fair to them. To learn more about how our firm can assist you, do not hesitate to give our firm a call today. To get started today, reach out to our firm to schedule your initial consultation.


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