Divorce is a stressful process. But, knowing what to expect can make it feel less daunting. Read on to learn more about fault grounds, uncontested divorces, and more.
Fault grounds:
Grounds refer to the legal reason that you are filing for divorce. In New Jersey, you can cite the following fault grounds:
- Adultery
- Addiction
- Deviant sexual conduct
- Incarceration
- Extreme cruelty
- Desertion
- Institutionalization for a mental illness
That being said, New Jersey is a no-fault state, meaning that you can also cite “Irretrievable Breakdown of Marriage.” This means that the divorce is not the fault of one party, but rather that the marriage has simply broken down beyond repair. It is important to note that a no-fault divorce cannot be contested by your spouse. Most couples choose to take this route, even if they have reasons to cite fault grounds, because it is often faster, cheaper, and more private. For example, if you file on the grounds of adultery, you may have to provide proof that your spouse committed adultery. Additionally, your spouse will have the opportunity to contest your claims.
Do I qualify for an uncontested divorce?
In order to qualify for an uncontested divorce, you will have to meet the following requirements:
- 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
How can I settle a no-fault divorce?
Couples who end their marriage on good terms and can work together may choose to get divorced outside of the court. This is because litigated divorces can be especially long, stressful, expensive, and public. As a result, many couples go through the process of mediation. Mediation involves the couple working with a neutral third party to settle the matters of their divorce. Some other methods of settling a divorce outside of court include arbitration and collaborative divorce. In order to determine which option is best for you, speak with an experienced divorce attorney.
If you are getting divorced in New Jersey, our firm is here for you. We will walk you through the process every step of the way.
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.
