New Jersey: A Hybrid State for Divorce
New Jersey offers a unique approach to divorce proceedings by allowing couples to choose between a no-fault or fault-based divorce. This flexibility provides options to suit various circumstances and preferences. Explore Is New Jersey a No-Fault State for Divorce here.
How No-Fault Divorce Works in New Jersey
No-fault divorce is the predominant choice for couples in New Jersey. Neither partner is held responsible for the marriage's end. Instead, the focus is on establishing one of the following grounds:
Irreconcilable Differences: The predominant ground for no-fault divorce is irreconcilable differences, evidenced by six months of marital breakdown with no likelihood of reunification.
Separation: If the couple has lived apart for at least 18 consecutive months with no intention of reuniting, a divorce can be granted on the grounds of separation.
Fault-Based Divorce in New Jersey
Although less frequent, fault-based divorce is available in New Jersey, requiring proof of spousal misconduct to dissolve the marriage.
Proving fault makes divorce proceedings more complicated and adversarial than no-fault cases.
Factors Affecting Divorce Choice
The decision between a no-fault and fault-based divorce depends on several factors:
Desire for Speed: No-fault divorces are generally quicker to finalize as they avoid the complexities of proving fault.
Desire for Financial Gain: If one spouse believes the other's misconduct has caused financial hardship, a fault-based divorce might be considered to seek additional compensation.
Child Custody and Support: Fault can sometimes influence child custody and support decisions, though this is not always true.
Spousal Support: Fault may be considered when determining spousal support, but it's not the sole factor.
The Divorce Process in New Jersey
Whether a divorce is fault-based or no-fault, these general steps apply:
Grounds Establishment: Prove the grounds for divorce based on your chosen path.
Asset Division: Fairly divide marital property, including real estate, bank accounts, retirement plans, and personal belongings.
Debt Allocation: Determine how matrimonial debts will be divided.
Child Custody and Support: Decide who will care for the children and how child support will be paid.
Spousal Support: Determine if spousal support (alimony) is necessary and, if so, its amount and duration.
Seeking Legal Counsel
Consulting with an experienced New Jersey divorce lawyer is crucial given the intricacies of divorce law. Their expertise can guide you through the process, protect your legal standing, and help you secure a favorable settlement.
How No-Fault Divorce Works in New Jersey
No-fault divorce is the predominant choice for couples in New Jersey. Neither partner is held responsible for the marriage's end. Instead, the focus is on establishing one of the following grounds:
Irreconcilable Differences: The predominant ground for no-fault divorce is irreconcilable differences, evidenced by six months of marital breakdown with no likelihood of reunification.
Separation: If the couple has lived apart for at least 18 consecutive months with no intention of reuniting, a divorce can be granted on the grounds of separation.
Fault-Based Divorce in New Jersey
Although less frequent, fault-based divorce is available in New Jersey, requiring proof of spousal misconduct to dissolve the marriage.
- Adultery
- Desertion
- Extreme cruelty
- Imprisonment
- Drug addiction
- Institutionalization for mental illness
Proving fault makes divorce proceedings more complicated and adversarial than no-fault cases.
Factors Affecting Divorce Choice
The decision between a no-fault and fault-based divorce depends on several factors:
Desire for Speed: No-fault divorces are generally quicker to finalize as they avoid the complexities of proving fault.
Desire for Financial Gain: If one spouse believes the other's misconduct has caused financial hardship, a fault-based divorce might be considered to seek additional compensation.
Child Custody and Support: Fault can sometimes influence child custody and support decisions, though this is not always true.
Spousal Support: Fault may be considered when determining spousal support, but it's not the sole factor.
The Divorce Process in New Jersey
Whether a divorce is fault-based or no-fault, these general steps apply:
Grounds Establishment: Prove the grounds for divorce based on your chosen path.
Asset Division: Fairly divide marital property, including real estate, bank accounts, retirement plans, and personal belongings.
Debt Allocation: Determine how matrimonial debts will be divided.
Child Custody and Support: Decide who will care for the children and how child support will be paid.
Spousal Support: Determine if spousal support (alimony) is necessary and, if so, its amount and duration.
Seeking Legal Counsel
Consulting with an experienced New Jersey divorce lawyer is crucial given the intricacies of divorce law. Their expertise can guide you through the process, protect your legal standing, and help you secure a favorable settlement.