Are you Googling about divorce and asking is New Jersey a no-fault divorce state? Then we are here to help. Carvajal Law has been handling divorce cases in Northern New Jersey for years, and we are happy to inform you that New Jersey is a no-fault divorce state. Let’s get into what that means and more so you can understand your divorce options.

A couple on a couch facing away from eachother

What is a No-Fault Divorce State?

Woman taking her wedding ring off over paperwork

To get into what a no-fault divorce state is, let’s first take a look at fault-based divorce. In a fault-based divorce, someone has to be to blame, and this blame typically has to be proved in some way, though all states handle it a bit differently.

By contrast, in a no-fault divorce, no one is considered at fault. If you would prefer it another way, both parties are at equal fault. People grow apart from each other or change over time. A no-fault divorce usually leads to a less messy outcome which can be especially beneficial when kids are involved, and both spouses will still have to carry on a relationship with one another, albeit a different sort of relationship.

All states offer no-fault divorces as an option. In fact, most states do not have traditional fault-based divorces as an option. This is the case in all New England states for example. However, divorce is handled differently in every state, so this may be a bit of a blurry definition depending on what state you are in.

Read More: Mistakes To Avoid During Separation in New Jersey

Are Fault-Based Divorces an Option in New Jersey?

That’s all well and good, but what if you don’t want a no-fault divorce? What if your spouse has seriously wronged you. You can still consider a no-fault divorce to ease the process, but if you want to prevent them from getting custody or you believe you are entitled to more based on your spouse’s actions, then you may want the legal record to show that someone was at fault. New Jersey law does offer several grounds under which you can file for an at-fault divorce.

What Are the Grounds for an At-Fault Divorce in New Jersey?

To get an at-fault divorce in New Jersey, your situation still has to fit under one of the grounds that New Jersey accepts. We’ve covered those grounds before but again they are:

  • Adultery
  • Deviant Sexual Behavior
  • Extreme Cruelty
  • Desertion
  • Addiction/Habitual Drunkenness
  • Imprisonment
  • Institutionalization

Do You Have to be Separated to Get a Divorce in NJ?

Need Help With Your Divorce in North NJ?

If you are looking for an experienced divorce attorney in Northern New Jersey, then consider Carvajal Law. We’re located in North Bergen where we serve Hudson County including Jersey City, West New York, Newark, Hoboken, Bayonne, and all the surrounding communities. Feel free to reach out to us!

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