In New Jersey, when a couple seeks a divorce, the couple has two options: the divorce can either be an at-fault divorce, or a no-fault divorce. An at-fault divorce means that something happened in the marriage that has been detrimental to the couple’s relationship. At-fault grounds for divorce under N.J.S.2A:34-2 include acts of adultery, imprisonment of a spouse for a period of at least eighteen months, institutionalization of a spouse for a period of at least two years, deviant sexual conduct, desertion, habitual drunkenness, voluntary addiction, or extreme cruelty.
On the other hand, a no-fault divorce means that nothing specific has driven the couple apart. Rather, the couple is facing problems in their relationship and wants to dissolve the marriage with neither party being at fault. No-fault divorces can be based on irreconcilable differences or a period of separation.
No-Fault Divorce Requirements
Sometimes a couple grows apart over the course of their marriage. No-fault divorce is oftentimes the easiest path to divorce since no accusations are required and the parties do not have to provide or refute evidence of wrongdoing in the marriage. A couple can seek a no-fault divorce based on irreconcilable differences in New Jersey, which is the most common type of no-fault divorce. This type of no-fault divorce requires that the couple satisfy two criteria:
- Residency Requirement. The couple must satisfy the residency requirements for a New Jersey Divorce. To satisfy the residency requirements either of the spouses must have lived in New Jersey for at least 12 consecutive months prior to filing for the divorce.
- Irreconcilable Differences. The divorcing couple must have experienced irreconcilable differences for a period of at least six months prior to filing for the divorce. The couple’s irreconcilable differences must have to the irreparable breakdown of the marriage, and there is no reasonable prospect of reconciliation.
A couple can also obtain a no-fault divorce based on a period of separation. The couple must live separately and apart (i.e., in different residences) for a period of eighteen consecutive months, without any act of reconciliation, prior to filing for a no-fault divorce based on separation. Sometimes a couple reconsiders their marital issues when faced with a divorce and decides to give their marriage another shot. This is called reconciliation, and it resets the clock on a no-fault divorce based on separation. After an act of reconciliation, the couple must wait another eighteen months while living separately and apart in order to obtain a no-fault divorce based on separation.
No-fault divorces tend to proceed more smoothly since both parties usually agree that the marriage is over, and in some cases the spouses are eager to resolve their divorce as quickly and easily as possible. No-fault divorces often end in the couple preparing a divorce settlement according to their own terms, which a judge must approve before dissolving the marriage.
Need A New Brunswick Divorce Attorney?
When a couple gets divorced, there is a hard way to do things and an easy way to do things. Couples who can both agree that the marriage is over can file for a no-fault divorce. The divorce lawyers at The Law Office of Steven M. Cytryn can help you with your no-fault divorce filing and other family law issues. Contact us by either calling 732-214-1103 or completing our convenient online form.
