Divorce proceedings are usually very complex and can often be exhausting for couples. Spouses in the state of New Jersey must meet certain requirements before the divorce proceedings can begin. One of the first steps that must be completed to begin the process to cite grounds for the divorce. Many believe that a divorce only occurs if one spouse is considered to be “at fault” for the end of the marriage. However, this is not always the case. In the state of New Jersey, spouses have the opportunity to cite either fault or no-fault grounds to begin the divorce.
Fault Grounds
Before proceedings begin, spouses have the opportunity to cite fault grounds. When fault grounds are cited in a divorce case, it means one spouse is holding the other responsible for the end of their marriage. In New Jersey, there are several reasons that a spouse may cite fault grounds. This can include:
- Adultery
- Abandonment
- Desertion
- Incarceration
- Institutionalization
- Extreme cruelty
Sometimes, spouses are unsure about whether or not they want to cite fault grounds in a divorce. This can be due to the possibility of litigation and more problems between them and their spouse. When a spouse cites fault grounds, the other spouse is able to answer this accusation. This could create further legal issues. It is commonly misconstrued that when a spouse cites fault grounds, the outcome of the divorce can be affected. However, fault grounds do not usually impact the outcome of a spouse’s marital issues in a divorce.
No-Fault Grounds
When no-fault grounds is cited, it means neither spouse is looking to hold the other responsible for the end of the marriage. Grounds for a no-fault divorce may include:
- Irreconcilable differences for at least 6 months
- Separation for at least 18 months
Citing no-fault grounds requires both spouses to reach agreements to the terms of their marital issues. This can include child custody, child support, parenting time, alimony, and the division of assets. When this happens, the couple has the opportunity to decide the method they wish to use to divorce. Alternative methods may consist of mediated divorce or collaborative divorce.
Contact our Firm
If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact The Radol Law Firm today.
Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.