The Divorce Process in New Jersey: No-Fault Divorce and What it Means

Marriage is a beautiful thing. However, it does not always work out. When you make the decision that you wish to split from a loved one, it is important you know the rules and regulations surrounding said decision. This is usually an emotionally taxing process, and once you add the legal process to the mix, it can become a nightmare. Luckily, this does not have to be the case. Here, you can learn all about the divorce process and how to navigate your way through it.

What constitutes a divorce in New Jersey?

New Jersey is a “no-fault” divorce state, which means you do not have to cite any “fault grounds” when filing for divorce. This is a good thing, because fault grounds can be answered, and often lead to more complex legal troubles. Essentially, in a “no-fault” state, you are not required to cite any specific reason for leaving your spouse when filing for a divorce. If you wish to avoid what could potentially be a far longer and expensive process, it is generally best to file for a “no-fault” divorce. However, it should be noted that New Jersey is not a pure “no-fault” state, and therefore, if you wish to cite fault grounds, you can.

What are some of the fault grounds you can cite?

There are several different fault grounds you can cite if you wish to go that route. These include, but are not limited to:

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

While these are all valid reasons to file for divorce, it is important to know that citing them generally has little to no impact on the case. Furthermore, since citing one of these reasons is very often like opening Pandora’s box, people tend to avoid it and file for a “no-fault” divorce instead. Additionally, while it may not be prudent to cite fault grounds for the sake of winning your case, you should know that if you are a victim of domestic abuse, you must contact the appropriate authorities immediately. Next, it is imperative that you consult an experienced lawyer who can help ensure your safety.

Contact a New Jersey divorce lawyer

Divorce can be a very complicated process, which is why you should never have to go through it alone. You need an attorney who will listen and passionately defend your rights in the courts until the very end. Speak with a trustworthy and compassionate attorney today. 


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.