When one spouse proves that the other provides valid fault grounds for a divorce, a fault-based divorce occurs. When facing a fault-based divorce, spouses should retain the services of an experienced Union County divorce attorney. To learn the fault grounds that can be cited in a divorce and the difference between fault and no-fault divorce settlements, continue reading and reach out to our experienced divorce firm. Our legal team is prepared to assist you through each step of the process ahead.
What fault grounds can I cite in my divorce?
The fault grounds that can be cited in a divorce in New Jersey include the following:
- Adultery
- Imprisonment
- Desertion
- Institutionalization due to mental illness
- Extreme cruelty
- Deviant Sexual Misconduct
- Narcotics addiction or alcoholism
The burden of proof is on the filing party when citing fault grounds in a divorce. This is why it is critical to gather and present concrete evidence to support the fault grounds you are citing. It is recommended that you retain the services of an experienced attorney who will allow you to gain insight into your case.
What is the difference between fault and no-fault divorce settlements?
The equitable distribution process will be similar for both fault and no-fault divorce settlements. All marital assets will be divided equitably for both types of divorce.
The main difference between fault and no-fault divorce settlement is that fault-based divorce comes with a risk. The divorce process has the potential to be denied by the court if insufficient evidence of fault is demonstrated. On the other hand, no-fault divorces are rarely ever denied.
With this in mind, it is important to consider retaining the services of an experienced attorney who can assist you in filing a fault-based divorce due to the fact that this process has more risk. It can put stress on the spouse who citing fault because the outcome is not guaranteed.
An experienced Union County divorce attorney will benefit those facing a fault-based divorce by assisting the spouse in filing the various documentation and paperwork needed to have a successful outcome.
Our legal team will help you to consider your options for fault ground citings and will work to ensure that your divorce is granted. We want each of our clients to gain a divorce settlement agreement that is fair to them and maintains their best interests. To learn more about our team and our services, give our firm a call today to schedule your initial consultation.
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.
