The Details of Divorce
Divorce is a trying legal matter affecting many families today. There are many intricacies to divorce law in New Jersey that you should be aware of when you are serious about pursuing divorce. For example, in New Jersey, you must meet a one year residency requirement before filing for divorce. There are also different ways of filing for divorce as you have options regarding what kind of divorce you can file for. An experienced divorce attorney in New Jersey can help you navigate the legal aspect of what is understandably an emotional and difficult family matter.
No Fault New Jersey Divorce
A “no fault” divorce is a type of divorce in which the spouse who files for divorce does not have to prove that the other party was at fault; rather, he or she simply has to give any reason the state honors for divorce, the most common being “irreconcilable differences,” or that the two spouses no longer get along.
Filing for a no fault divorce in New Jersey means that the court will not assign fault to either party for the divorce. So long as a couple has irreconcilable differences and have been separated for a minimum of 18 months, no fault divorces may be settled. A no fault divorce is typically a smoother process to finalize a divorce.
Fault Divorce in New Jersey
Fault divorces are no longer recognized in several states, and are not as common as no fault divorces. While no fault divorces are an option in New Jersey, the option of pursuing a fault divorce is still available to those who wish to assign fault to the other party. When pursuing a fault divorce, the divorcing spouse requests that the divorce be granted based on a fault of the other spouse. The most common grounds for a fault divorce include adultery, abandonment, cruelty, addiction, incarceration, and mental illness. In addition, a spouse may fault another spouse for inability to engage in sexual intercourse.
In New Jersey, divorcing spouses seeking a fault divorce are not required to live apart for a specific period of time. Proving fault also provides the spouse without fault with a larger portion of the marital property or support.
To resolve a divorce as smoothly as possible, it is important to work with an experienced New Jersey divorce and family law attorney who can protect your interests each step of the way. Sandelands Eyet LLP focuses on New Jersey family law, and can help you resolve your legal matters. Our experience counts; our Partners have been selected for the 2019 Super Lawyers Rising Stars List. Call (908) 470-1200 to get started.