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.
