There are a variety of difficult decisions that need to be made in a divorce. To start, this includes the type of divorce that will be filed. There are two options when filing for divorce in the state of New Jersey: fault-based divorce and no-fault divorce. When facing these situations, it is important to have an understanding of the process and requirements of a no-fault divorce. Continue reading below to learn more.
What is a No-Fault Divorce?
When neither spouse in a divorce believes the other is responsible for causing the end of their marriage, they tend to pursue a no-fault divorce. This occurs when there are issues within the marriage that cannot be resolved and therefore the relationship cannot continue. Legally, these issues are referred to as “irreconcilable differences.” This can include a variety of disagreements, such as how to raise children together or financial situations. It tends to occur when one spouse wants a divorce and the other one does not.
While a fault-based divorce needs the approval of the court, courts cannot deny a no-fault divorce. Before it is granted, both parties must come to conclusions regarding the future of their marital issues. This can include asset and debt division, child support, child custody, alimony, etc.
What are the Requirements of a No-Fault Divorce?
In the state of New Jersey, there are four main requirements that spouses should be aware of when filing a no-fault divorce. This includes:
- Either spouse has resided in New Jersey for at least 12 consecutive months before filing for divorce
- Both spouses have experienced irreconcilable differences for at least six months
- The irreconcilable differences makes it clear the marriage has broken down and should end
- Either spouse believes there is no reasonable chance for reconciliation
If any necessary documents or paperwork are misfiled, or filed in the wrong courthouse, the spouse will most likely be required to restart the process over again.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.
