There are numerous decisions to be made when you are divorcing. One of the first things you will need to decide in filing the divorce complaint is the reason you want to end your marriage. In New Jersey, you can file on no-fault grounds or fault-based grounds. Many people choose no-fault divorce because it is typically a simpler, faster, and sometimes less antagonistic process.
Understanding how no-fault divorce works and whether it is right for your situation is an important first step toward making informed decisions about the path forward.
What Is No-Fault Divorce in New Jersey?
In no-fault divorce, neither spouse has to prove that the other did something wrong in order to end the marriage. The focus is simply on the breakdown of the marital relationship.
The state has two grounds for no-fault divorce:
- Irreconcilable differences: This is the most commonly used ground. To file under it, you must maintain that irreconcilable differences have existed for at least six months and you are certain you will not reconcile. You or your spouse must have lived in New Jersey for at least 12 months.
- Separation: This ground requires that you and your spouse have lived separately and apart for a continuous period of 18 months, with no reasonable expectation of getting back together.
Even though a no-fault filing can reduce contention during divorce, it doesn’t mean that your divorce will be uncontested, which people sometimes assume.
No-Fault Divorce vs. Uncontested Divorce
A common misconception is that no-fault divorce and uncontested divorce are the same. While they can overlap, they refer to different aspects of the divorce process.
- A no-fault divorce refers to the legal reason for the divorce—specifically, that neither spouse is blaming the other for the breakdown of the marriage.
- An uncontested divorce refers to the level of agreement between the parties regarding the terms of the divorce, such as property division, alimony, and child custody.
When spouses agree on all the issues, the divorce is uncontested. However, if the parties disagree on any key issue, the divorce becomes a contested divorce and a New Jersey judge will make decisions on the issues.
Fault-Based Divorce in New Jersey: When Misconduct Matters
While no-fault divorce is much more common, New Jersey still recognizes fault-based divorce. A person may choose to file on a fault-based ground if they believe the other spouse is responsible for the marriage breakdown due to some type of wrongdoing.
Grounds for fault-based divorce as described in N.J.S.A. 2A:34-2 include:
- Adultery: Your spouse has had an intimate romantic relationship/relationships outside the marriage.
- Desertion: Your spouse has left the marital home for at least 12 consecutive months without justification or consent.
- Extreme cruelty: This includes physical, verbal, or emotional abuse that endangers your health or safety.
- Addiction or habitual drunkenness: Drug or alcohol addiction for at least 12 consecutive months.
- Imprisonment: If your spouse is sentenced to jail or prison for 18 months or more after the marriage, and you haven’t resumed cohabitation after their release.
- Institutionalization: Your spouse has been confined to a mental institution for at least 24 consecutive months after your marriage began.
- Deviant sexual conduct: Voluntary conduct of a deviant sexual nature by your spouse without your consent.
Filing for divorce on fault-based grounds will require providing evidence to prove your spouse’s wrongful actions or behaviors. Not surprisingly, this can lead to a more adversarial and complex process.
However, there can sometimes be strategic reasons for filing on fault-based grounds, such as when it comes to issues of asset and debt division, alimony, or child custody and visitation. Your attorney can help you evaluate whether pursuing a fault-based divorce might be advantageous for your circumstances or whether filing on no-fault grounds, even if one of these types of wrongdoing by your spouse has taken place, makes more sense.
The Divorce Process in New Jersey
Here are general steps in the divorce process. Depending on how your divorce proceeds, you may go through some or all of them.
- Filing the divorce complaint. The spouse initiating the divorce (plaintiff) files a complaint with the New Jersey Superior Court, citing either no-fault or fault-based grounds.
- Serving the complaint. The plaintiff serves the complaint on the other spouse (defendant), who has 35 days to file an answer or counterclaim.
- Settlement or mediation. Parties may resolve their differences through negotiations with the help of their attorneys and/or a mediator or participate in an Early Settlement Panel (ESP) through the court. If agreement is reached, the terms are incorporated into the marital settlement agreement.
- Discovery and case management. In contested divorce cases both parties exchange financial and other relevant information through discovery. The court may schedule a case management conference to establish a timeline and address procedural issues.
- Trial (if needed). If spouses simply cannot agree, the case proceeds to trial. A judge hears evidence and issues decisions on disputed matters.
Once all issues are resolved, whether through settlement or trial, the court enters the final judgment of divorce, which officially dissolves the marriage.
Contact Our New Jersey Law Firm Today for Help with Your Divorce
For most couples, a no-fault divorce offers a streamlined and less combative way to end the marriage. However, in situations involving serious misconduct, a fault-based divorce may be appropriate.
Our experienced attorneys at [MFR] Men’s & Fathers’ Rights Divorce Lawyers will work with you to determine the best approach to ending your marriage for your unique circumstances. We effectively handle divorces that are filed on both no-fault and fault-based grounds and those that are uncontested and contested.
In any case, we always seek to help clients navigate divorce in the smoothest and least disruptive way possible for the specific situation. You can trust that we will be committed to protecting your rights, advocating for your interests, and helping you transition to the next chapter of your life with dignity and confidence.
To arrange a confidential consultation with a divorce lawyer, contact our office at (201) 880-9770.
