How Can No-Fault Grounds be Beneficial in My Divorce?

Divorce proceedings may lead to a stressful and hostile environment. However, this may be easily avoidable, so long as you and your spouse cite no-fault grounds. Continue reading to learn how citing no-fault grounds may be beneficial for your divorce and how an experienced attorney from our Morris County divorce & separation law firm, Haber Silver Russoniello & Dunn, can offer some direction.

What are examples of no-fault grounds?

Citing no-fault grounds means that neither you nor your spouse is blaming the other for the breakdown of your marriage. Notably, the New Jersey court will recognize your and your spouse’s citing of no-fault grounds when you file your divorce petition. However, to properly execute this, you and your spouse must meet the following requirements set by the New Jersey court:

• Either you or your spouse, or both, must provide evidence that you have lived in the state of New Jersey for at least 12 months consecutively leading up to your filing for divorce.
• Both you and your spouse must provide evidence that you suffered irreconcilable differences for at least six months consecutively leading up to your filing for divorce.
• Both you and your spouse must provide evidence that these cited irreconcilable differences have made your marriage diminish and require an end.
• Both you and your spouse must provide evidence that there is no way to reasonably reconcile with one another.

What are examples of fault grounds?

On the other hand, citing fault grounds means that you or your spouse are blaming the other for ruining your marriage. The New Jersey courts recognize several fault grounds, such as the following:

• One spouse abandoned the other for a given period of time.
• One spouse had a drug or alcohol addiction for a given period of time.
• One spouse has been institutionalized for a given period of time.
• One spouse has been incarcerated for a given period of time.
• One spouse committed adultery.
• One spouse demonstrated extreme cruelty to the other.

What is the benefit of citing no-fault grounds in my divorce?

Citing no-fault grounds goes hand-in-hand with an uncontested divorce. Both are commonly associated with fewer expenses, less time commitment, and fewer public proceedings.

This contrasts greatly with citing fault grounds, which is why we recommend straying away from doing so if possible. Blaming your spouse will have little to no impact on how your divorce-related terms will be determined. On top of this, such claims can be easily contested by your spouse, and ultimately opening the path for a contested divorce.

Regardless of which option you choose, you should not proceed any further without the proper legal representation. When you are ready, reach out to a skilled Morris County divorce attorney.