New Jersey is a no-fault divorce state. This simply means that married couples can file for divorce without proving which spouse is to blame for the ultimate dissolution of the union. Granted, filing for divorce is somewhat simpler in states with no-fault divorce, like New Jersey. There’s no need to compile evidence to prove who is at fault, making the entire legal process more straightforward.
However, other nuances can complicate and even delay the divorce process in no-fault states such as New Jersey. Find out in our latest article.
How Divorce Works in No-Fault States Like New Jersey
The most common type of divorce in no-fault states like the Garden State is “irreconcilable differences.” This means that one or both partners agree that the marriage is irretrievably broken and that nothing can be done to fix the relationship.
You and your soon-to-be ex-spouse should both agree that the marriage is beyond fixing and negotiate the terms for your divorce amongst yourselves. Ideally, a couple should decide on their division of assets, child custody, and other important arrangements.
If you both consent to the terms and present a signed divorce agreement known as a “Marital Settlement Agreement” in New Jersey, then, yes, the process can be smooth, allowing for a faster divorce process.
But should one of the spouses contest the terms of the divorce or you fail to agree on the terms, things can become complicated. You see, while irreconcilable differences are a legal ground for divorce in no-fault states like New Jersey, the court still requires that you agree to the terms of your separation.
“If you disagree on the terms of your divorce, the courts step in and do it for you in a divorce trial. It’s best to work with a qualified divorce attorney to represent your best interests during the trial,” says Family attorney Galit Moskowitz.
A good attorney will help you gather and compile the required documents to prove your case regarding the division of assets, child custody, alimony payments, and tax obligations.
What if Your Spouse Contests the Divorce?
At the same time, one spouse can contest the grounds for divorce, which can further complicate and delay the divorce case. In such situations, it is upon the spouse who initiates the separation process to prove that the marriage is indeed broken and beyond repair. Some of the acts that qualify include:
- Physical or emotional abuse
- When one spouse is addicted to drugs or alcohol
- Infidelity and adultery
- Abandonment when one spouse has left the other physically or financially for more than six months
- Proof that your spouse has been mentally incapacitated for more than three years before the divorce filings
Conclusion
If you want to file for divorce on grounds of irreconcilable differences, you should consider consulting with a qualified divorce attorney. While New Jersey is indeed a no-fault state, there are still several nuances that can complicate your divorce. This includes failure to agree on the terms of your separation and when your soon-to-be ex-spouse contests your divorce.
Your attorney will draw on their understanding of family law and experience handling past divorce cases to offer strategic advice. They will also guide you through the process, ensuring that your decisions are made not based on highly charged emotions but based on your best interests.
Also Read: What Is a Defense Attorney? Understanding Their Role in the Legal System
