Every divorce scenario is unique. New Jersey actually has relatively thorough family law statutes that allow people to pursue either fault-based divorce proceedings or no-fault divorces.
In scenarios where there is proof of egregious misconduct, such as adultery or domestic violence, one spouse can pursue divorce by asserting in court that the other spouse is technically at fault for the breakdown of the marital relationship. Other times, those hoping to speed up the divorce process or minimize conflict during a divorce might pursue a no-fault divorce even though they may have grounds for a fault-based divorce.
When is a no-fault divorce possible?
Are there irreconcilable differences?
The first important standard the situation must meet is that one of the spouses must have lived in New Jersey for at least 12 months. Otherwise, filing in the New Jersey family courts isn’t yet an option.
In addition to meeting the jurisdictional requirements, the spouses have to meet clear requirements for a no-fault divorce. They generally need to have experienced irreconcilable differences that lasted for at least six months. The spouse asserting that irreconcilable differences arose must be willing to state in court that those differences are why they intend to dissolve the marriage and that they do not intend to try to repair the marital relationship.
Spouses can also potentially qualify for a divorce based on separation if they maintain separate residences for at least 18 months. Learning more about New Jersey’s unique no-fault divorce rules can help people evaluate their options.
No-fault divorces are an option in cases where spouses grow apart and even in cases that might qualify for fault-based divorces. Those ready to leave behind a dissatisfying marriage may find that a no-fault divorce filing is one of their best options.