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What to Know About Irreconcilable Differences in New Jersey

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When a couple gets divorced, there are a lot of different decisions to make. You may be thinking about things like child custody, child support, and spousal maintenance. But, you will also need to consider the divorce process itself. Do you want to settle matters of your divorce through mediation, litigation, or another option? You will need to decide how you want to file for your divorce. New Jersey is a “no-fault” state, which is a route many people choose to take, citing irreconcilable differences when it comes to their divorce. Read on to learn more about irreconcilable differences in a New Jersey divorce.

Grounds for divorce

New Jersey is a “no-fault” divorce state, meaning that a person cannot be denied a divorce based on the contest of fault grounds. No-fault grounds include:

  • Irreconcilable differences for at least 6 months
  • Separation for at least 18 months

That being said, New Jersey is not a pure “no-fault” divorce state. So you can still provide fault grounds to start the divorce process. Fault-grounds in New Jersey include:

  • Adultery
  • Desertion
  • Abandonment
  • Extreme cruelty
  • Incarceration
  • Institutionalization

Citing Irreconcilable Differences

When it comes to filing for divorce, you must give a reason for the divorce. If you cite irreconcilable differences, it simply means that the marriage no longer works and is beyond repair. Often, this is a good option because it cannot be contested. Additionally, a no-fault divorce is often quicker, cheaper, and more private. This is because you will not have to provide proof as you would when citing a fault ground. Contact our firm to discuss the various options you have when it comes to citing fault grounds in New Jersey.

Do You Meet the Residency Requirement?

It is important to note the residency requirements that must be met in order for a New Jersey divorce to take place. In our state, one or both spouses must be a legitimate resident of the state or have lived in New Jersey for at least one year.

If you are considering filing for divorce, contact our firm to speak with an experienced divorce attorney. We understand how difficult this process can be and we are here to walk you through it and act as your advocate every step of the way. If you have any questions or concerns, do not hesitate to reach out.

Contact our Firm

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.

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Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

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