When going through a divorce, there are many difficult decisions that need to be made. To begin the process, the spouse that wishes to file for divorce must decide which type they will file. There are two options in the state of New Jersey: fault-based divorce and no-fault divorce. When going into a no-fault divorce,, it is important to understand the process and requirements. Continue reading below to learn more.
What is a No-Fault Divorce?
Spouses may pursue a no-fault divorce when neither party wants to hold the other responsible for causing the end of their marriage. This often takes place when there are unresolvable issues within the marriage and the relationship cannot continue. Legally, this is referred to as “irreconcilable differences.” This can include a variety of disagreements, usually when one spouse wants a divorce and the other one does not. It is important to be aware that courts cannot deny a no-fault divorce. However, before it is granted, both parties are required to reach conclusions about their marital issues. This can include asset and debt division, child support, child custody, alimony, etc.
What are the Requirements of a No-Fault Divorce?
There are four main requirements for a no-fault divorce in the state of New Jersey that spouses should be aware of during this time. This includes the following:
- 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 makes it clear the marriage has broken down and should end
- Either spouse believes there is no reasonable chance for reconciliation
If any necessary documents or paperwork are misfiled, or filed in the wrong courthouse, the spouse will most likely be required to restart the process over again.
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.
