Overview of New Jersey No-Fault Divorce

The law in the Garden State provides for two primary grounds for granting a New Jersey no-fault divorce, a type of divorce where the person who is asking for the divorce does not have to prove any fault on the part of the other spouse. These grounds are:

• Irreconcilable differences
• Separation

One of the grounds for a New Jersey no-fault divorce that can be invoked arises in a situation in which a couple has been experiencing irreconcilable differences for a period of at least six months. The term "irreconcilable differences" is quite broad and covers a wide range of disagreements or conflicts that have reached such a level of severity that they have led to the complete and irreversible breakdown of the marriage.

These differences could involve critical issues such as disagreements over child-rearing or the management of family finances. Alternatively, they could pertain to the inability to maintain a harmonious household due to constant arguments or disagreements over smaller, everyday matters. An important point to note here is that the differences do not have to be severe or extreme in nature.

Even minor issues, which have compounded over time to the point that they have caused the marital relationship to disintegrate, can be considered as irreconcilable differences. The main criteria for this ground to be valid is that the differences should have led to the complete breakdown of the marital relationship, with zero reasonable prospect of the couple reconciling.

The second underlying reason for a New Jersey no-fault divorce becomes applicable when the couple has lived separate and apart in different residences for a continuous period of at least 18 months. By "separation", the law refers to physical separation, where the couple has consciously decided to live in separate residences for a specific duration. This period of separation must be uninterrupted, without any instances of cohabitation.

During this period, the couple is expected to live completely independent lives, with no shared responsibilities or activities. The law in New Jersey specifically stipulates that during this period of separation, there should be no reasonable prospect of reconciliation between the couple. This means that even if the couple has been living apart for more than a year and a half, if there's no sign that they will be able to resolve their differences and resume their married life, then the ground of separation can be invoked for a no-fault divorce. It's worth highlighting that the couple does not need to have legally formalized their separation for this ground to be applicable; simply living apart in different residences is sufficient.

In addition to understanding the two different types of no-fault divorce in New Jersey, there are some basic benefits associated with this type of marriage dissolution proceeding.

Simplified Process: One of the key benefits of a New Jersey no-fault divorce is the relatively simplified process it offers. Unlike fault divorces, there is no need to prove marital misconduct in a court of law. This makes the process more streamlined and less time-consuming as it eliminates the need for potentially lengthy investigations and legal procedures.

Privacy:

No-fault divorces in New Jersey also offer a great deal of privacy. As there is no need to provide details about marital misconduct, couples can keep personal and often sensitive matters more private. This can help to reduce the emotional stress associated with airing personal issues in public.

Reduced Conflict: The no-fault divorce process can lead to significantly less conflict between the divorcing parties. With no need to prove fault or misconduct, couples can avoid the acrimony that often comes with assigning blame. This can make the divorce process less emotionally challenging and help to maintain a more amicable relationship post-divorce.

Quicker Resolution: No-fault divorces can often be resolved more quickly than their fault-based counterparts. As there is no requirement for the collection and presentation of evidence of wrongdoing, the process can be expedited. This can result in a quicker resolution, allowing both parties to move forward with their lives more swiftly.

Lower Cost: No-fault divorces can also be less expensive than fault-based divorces. The reduced time spent in court and on legal fees can significantly reduce the overall cost of the divorce. This financial benefit can be particularly useful for those on a tight budget, making the process more accessible to a wider range of people.

Each of these New Jersey no-fault divorce grounds provides a way for couples to end their marriage without assigning blame to either party. They acknowledge that sometimes, a marriage can break down due to reasons that are complex and multifaceted, and that it is often in the best interest of all parties involved to allow for a peaceful and respectful end to the marriage. If you have questions concerning a no-fault divorce in New Jersey, call (201) 845-7400 for a free consultation.