If you are considering ending your marriage in New Jersey, one of the first questions you might ask is: “Do I need to prove that my spouse has done something wrong in order to get a divorce?” The answer to this question is no. But understanding how New Jersey’s divorce laws work can significantly impact the outcome of your case. Knowing your rights and options can help you make informed decisions about your future.
Understanding No-Fault Divorce in New Jersey
In a no-fault divorce, neither partner is legally blamed for the dissolution of the marriage. This is often the preferred option for couples who want to avoid a more contentious and adversarial process.
1. Irreconcilable Differences
Since 2007, irreconcilable differences have been the most commonly used ground for divorce in New Jersey. According to N.J.S.A. 2A:34-2(i), a divorce can be filed under this category if:
- Both parties have lived in New Jersey for at least 12 months consecutively.
- The marriage has experienced a breakdown for at least six months.
- Reconciliation is not a reasonable possibility.
The benefit here is privacy and efficiency. You don’t need to discuss specific “bad acts”, which often helps maintain a more relaxed atmosphere during negotiations.
2. Eighteen-Month Separation
Couples can also file for divorce without fault if they have been living separately for at least 18 months and there is no chance of reconciliation.
When Should You Consider Fault-Based Grounds?
While no-fault divorce is the standard in New Jersey, the state still recognizes several grounds for fault-based divorce. These require the spouse filing for divorce to provide “clear and convincing” evidence of their spouse’s wrongdoing. Some common grounds for fault include:
- Extreme cruelty: Physical or mental abuse that endangers the safety or health of the other spouse.
- Adultery: There is no requirement for a one-year separation period for adultery cases in New Jersey.
- Abandonment: When one spouse willfully leaves the other for more than 12 months.
- Habitual alcoholism or drug addiction: If one spouse has been addicted to alcohol or drugs for more than a year.
Does Proving Fault Change the Outcome?
In New Jersey, proving fault rarely affects the equitable distribution of assets. However, it can sometimes influence child custody decisions if “fault” (such as addiction or cruelty) affects a parent’s ability to care for a child.
Does Proving Fault Affect Property Division or Alimony?
Under N.J.S.A. 2A:34-23, New Jersey adheres to the principle of equitable distribution, which means that marital assets should be divided equally, although not necessarily equitably. While fault does not usually determine the division of assets, economic misconduct such as the dissipation of marital funds can be taken into consideration. Similarly, fault is not a primary factor in determining alimony, although courts have broad discretion in this area.
Contested vs. Uncontested Divorce
The grounds for your divorce often determine whether it will be contested or uncontested. Uncontested divorces occur when both parties agree on all aspects of the divorce, including assets and child custody. These types of divorces are typically faster and less expensive.
Contested divorces, on the other hand, happen when spouses cannot agree on basic issues. In these cases, it is essential to have an experienced New Jersey family law attorney. If one spouse is unreasonable in their demands, a lawyer can fight for their best interests in court.
Schedule Your Free Consultation Today
You don’t have to navigate the complexities of New Jersey’s divorce laws on your own. Carvajal Law is here to help. If you need assistance with your divorce case, please call (201) 281-5577 or fill out our online contact form to schedule a free, no-obligation consultation. Our team of experienced attorneys will work with you to provide the guidance and support you need to move forward with confidence in your future.