New Jersey offers a no-fault divorce, even though they are not a pure “no-fault” state since they offer the option of having a fault divorce. A no-fault divorce is when the couple has irreconcilable differences. Basically, the couple does not get along, has too many differences, and no chance of getting back together. The irreconcilable differences which caused a break down of the marriage must be apparent for 6 or more months. This law does not have a separation requirement, meaning the two spouses can be active living together when they file for divorce. Moreover, this ground for divorce may be appropriate to allege in certain situations such as when two people have simply grown apart and wish to end their marriage. However, the couple still wish to reside together until the divorce is finalized. The new cause of action brings a level of civility and practicality to matrimonial practice. This ground for divorce eliminates the need for spouses to allege wrongdoing on their spouse’s part.
In a no-fault divorce, no one is to blame for the marriage falling apart. One spouse is not accusing the other of something. The marriage can be ended without either spouse being forced to defend against embarrassing accusations in public. The no-fault divorce can actually lessen the burden of divorce on kids. During a fault divorce, a lot of bad mouthing can spring from one parent or the other. Both spouses trying to bring up dirty laundry to the court. This can weigh very heavy on the kids, having long-term negative effects.
How do I file for a No-Fault Divorce?
You may pursue a no-fault divorce as long as you meet all of the following requirements:
– you or your spouse have lived in New Jersey for 12 consecutive months before filing for divorce
– you and your spouse have experienced irreconcilable differences for at least six months
– the irreconcilable differences caused the breakdown of your marriage and make it appear that the marriage should end, and
– there is no reasonable chance for a reconciliation.
You can also base your New Jersey divorce on the ground of separation. If you’re seeking a divorce based on separation, you’ll need to show the court that you and your spouse have lived separate and apart for at least 18 months, and there is no reasonable chance of reconciliation.