New Jersey’s no-fault grounds for divorce is irreconcilable differences. Under these grounds, a person may file for divorce without having to prove wrongdoing. But what many people don’t realize is even if there was wrongdoing in your marriage, filing on no-fault grounds can often work to your advantage, and here’s why.
Saving You Steps
To file on fault grounds for divorce in New Jersey, the spouse initiating the divorce must prove the grounds. For example, if filing on the grounds of desertion, that spouse would have to demonstrate his or her spouse met the legal definition of desertion. The same principle applies to adultery, a common reason for divorce. The petitioning spouse would have to prove his or her spouse committed adultery to file on that ground alone, which can be difficult to do.
Do the Grounds Matter?
In many cases, the grounds on which you file your divorce won’t affect the divorce judgment. This means you could file on no-fault grounds (irreconcilable differences) and potentially get the same outcome. Typically, the New Jersey family courts do not consider the grounds of the divorce when dividing assets or ordering alimony (spousal support). Thus, filing on no-fault grounds could result in a quicker divorce with less legwork. Ultimately, this means the divorce could potentially cost less.
When Fault Grounds Are Best
In a few instances, however, filing on fault grounds is preferable. For example, when domestic violence is involved, it may benefit the abused spouse’s chance of getting custody if he or she could prove the grounds of domestic violence. In such a case, the abused spouse should work closely with a divorce attorney to ensure his or her best interests were protected.
Filing for a no-fault divorce can save you legwork and money. It eliminates the first step of proving the grounds on which you are filing for divorce. But you still need to work out the terms of your divorce. For example, you will have to decide how to divide your assets and develop a parenting plan. For many couples, this is the hard part. An experienced New Jersey divorce attorney can help you navigate the steps of your divorce, which can ultimately make the process go quicker.
Are you contemplating divorce in New Jersey? If so, Williams Law Group, LLC can help. Our skilled divorce attorneys can help you navigate the divorce process from start to finish. Located in Short Hills, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.