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What to Know About Citing Fault Grounds in a New Jersey Divorce

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What to Know About Citing Fault Grounds in a New Jersey Divorce

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.

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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. –