Should I Cite Fault Grounds for a New Jersey Divorce?

You will have to make a lot of choices when you are getting divorced. One of the first and most important choices to make is whether to file on fault grounds or to file for a no-fault divorce. Read on to learn more about your options in New Jersey.

Is New Jersey a no-fault state?

The term “grounds,” refers to the legal reason you are filing for divorce. New Jersey is a no-fault state. This means that you can file for divorce on the grounds of “irreconcilable differences.” This does not blame the divorce on a certain person. Instead, it means that the marriage has broken down and is beyond repair. For the most part, couples choose to file for a no-fault divorce. This is because the process is often, faster, easier, cheaper, and more private.

What fault grounds can I cite?

Some people wish to hold their spouse accountable for the divorce. In this case, you can file fault charges. In New Jersey, you can file on the following grounds:

• Abandonment
• Addiction
• Adultery
• Deviant sexual conduct
• Extreme cruelty
• Incarceration
• Institutionalization

Contested vs Uncontested divorce

It is important to know that if you file on fault grounds, your spouse can contest this. Additionally, you may have to provide proof of fault. For example, if you file on grounds of addiction, you may have to provide evidence of your spouse’s addiction. This can be difficult to do. It also gives your spouse the opportunity to refute your claims. On the other hand, a no-fault divorce cannot be contested. While you will not have to provide evidence of fault, you will have to meet the following requirements:

• Either spouse has resided in New Jersey for at least 12 consecutive months before filing for divorce
• Both spouses have experienced irreconcilable differences for at least six months
• The irreconcilable differences make it clear the marriage has broken down and should end
• Either spouse believes there is no reasonable chance for reconciliation

If you are getting divorced, you will need an experienced and dedicated attorney on your side. Our firm is here for you, every step of the way. Reach out today to discuss your case.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.