No-fault divorce simplifies many legal hurdles. It removes the need to prove wrongdoing. In New Jersey, two grounds qualify as no-fault. The first is separation for at least 18 months. The second, and most common, is irreconcilable differences. These allow spouses to end a marriage without fault. At Morgenstern & Rochester, we help clients navigate both paths.
Fault-based grounds still exist in New Jersey. They include adultery, desertion, and extreme cruelty. But no-fault divorce often offers a smoother route. Irreconcilable differences only require that spouses cannot reconcile. In many cases, this speeds up the divorce timeline. It also reduces emotional tension between spouses.
Grounds for Divorce in New Jersey
New Jersey law recognizes nine divorce grounds. Some are fault-based, and others are no-fault. Each ground has distinct elements. Here’s a quick list:
- Adultery (fault-based)
- Willful desertion for 12 or more months (fault-based)
- Extreme cruelty for at least three months (fault-based)
- Voluntary addiction for 12 consecutive months (fault-based)
- Institutionalization for mental illness, 24 consecutive months (fault-based)
- Imprisonment for at least 18 consecutive months (fault-based)
- Deviant sexual conduct (fault-based)
- Separation for 18 consecutive months (no-fault)
- Irreconcilable differences for six months or more (no-fault)
(See N.J.S.A. 2A:34-2.)
Fault-based grounds involve legal wrongdoing. These can include adultery, cruelty, or other misconduct. No-fault grounds are different. They don’t require proving misconduct. Instead, they focus on the marital breakdown. That’s why many couples choose them. Irreconcilable differences, especially, is frequently used.
Defining Irreconcilable Differences
Irreconcilable differences means the marriage cannot be fixed. The spouses have grown apart. They can’t stay together successfully. New Jersey requires that these differences persist for six months. There must be no realistic chance of reconciliation. Also, one spouse must have lived in New Jersey for 12 months. (See N.J.S.A. 2A:34-2(i).)
People often pick this ground for its simplicity. It avoids blaming the other spouse. It also bypasses messy testimony about fault. For many couples, irreconcilable differences reduce conflict. It helps them move forward with fewer disputes.
However, you must still meet the legal criteria. That includes the residency requirement. You also must show the differences have lasted for six months. Courts generally accept these claims with minimal dispute. A final divorce decree then becomes possible. At Morgenstern & Rochester, we guide clients through each step.
Separation as a No-Fault Ground
Separation is also a no-fault ground in New Jersey. It requires 18 consecutive months of living apart. During that period, spouses must not resume cohabitation. If they reconcile, the separation period restarts.
This ground is less common today. Irreconcilable differences only requires six months. That time frame is shorter than the 18-month separation. Many spouses prefer irreconcilable differences for that reason. It lets them file sooner, saving time and stress.
Still, separation remains an option. Some people find it fits their timeline better. Others separate informally but wait to file. By the time they consider divorce, 18 months may have passed. In that scenario, the separation ground works.
Why Choose No-Fault Grounds?
No-fault divorce has several advantages. First, it lowers tension between spouses. Accusations of wrongdoing can spark conflict. That conflict can slow the process and increase costs. No-fault grounds avoid that issue.
Second, no-fault grounds may be simpler to prove. You only need to show the relationship broke down. You don’t need evidence of cruelty or adultery. This can save time and money in court. It also keeps personal matters private.
Third, it offers strategic benefits. Even if one spouse committed wrongdoing, you can still pick no-fault. Sometimes, proving fault isn’t worth it. Courts in New Jersey rarely punish bad behavior in a divorce. Using no-fault grounds may speed up negotiations.
Fault vs. No-Fault: Key Differences
Fault-based divorce requires clear evidence. You must prove one spouse caused the marriage’s failure. That might involve showing cruelty or desertion. This can be stressful and time-consuming.
No-fault divorce skips that proof. Instead, the court focuses on the marriage’s irretrievable breakdown. This approach can reduce emotional strain. It may also preserve a working relationship between spouses. That can help if children are involved.
However, some spouses still choose fault grounds. They may feel strongly about wrongdoing. Or they might seek specific legal strategies. For instance, some believe fault could sway a judge’s decisions. Yet, in New Jersey, fault rarely changes outcomes for alimony or child support.
Requirements for No-Fault Divorce
For irreconcilable differences, the law sets clear conditions:
- One spouse has lived in New Jersey for 12 months.
- The spouses have irreconcilable differences.
- These differences have lasted at least six months.
- The differences require dissolving the marriage.
- There’s no reasonable chance of reconciliation.
(See N.J.S.A. 2A:34-2(i).)
For separation, the condition is 18 months apart. During that time, cohabitation should not resume. If spouses reconcile, separation resets. This requirement ensures a true marital breakdown. Once 18 months pass, you can file under that ground.
Alimony and Fault in New Jersey
Many divorcing spouses worry about alimony. They wonder if a spouse’s misconduct affects payments. Under New Jersey law, fault generally doesn’t matter. (See Mani v. Mani, 183 N.J. 70, 80 (2005).) Alimony is not a punishment or a reward.
There’s a narrow exception. Fault can matter if it impacts the couple’s finances. For example, one spouse might gamble away shared savings. This extreme act can affect alimony decisions. But most misconduct won’t affect spousal support amounts.
In practice, the exception is rarely invoked. Courts focus on economic factors, not moral wrongdoing. So even if one spouse cheated, alimony remains unaffected. This approach promotes fairness and avoids punishing personal choices.
Child Support and Equitable Distribution
New Jersey law aims to protect children’s welfare. Fault does not affect child support calculations. (See Kinsella v. Kinsella, 150 N.J. 276, 314 (1997).) Courts use financial factors like income and needs. A parent’s misconduct usually doesn’t matter.
The same principle applies to property division. Courts follow equitable distribution rules. (See Chalmers v. Chalmers, 65 N.J. 186 (1974).) They consider each spouse’s financial situation. Assets and debts are divided fairly, not based on blame. Thus, no-fault divorce fits well with these policies.
Whether you choose fault or no-fault grounds, property division remains neutral. The court looks at factors like earnings and contributions. It doesn’t typically punish a spouse’s moral missteps.
Tactical Choices in No-Fault Divorce
Sometimes, clients wonder if using fault helps. They believe it might gain leverage in negotiations. Yet proving fault can be difficult. It may require hiring private investigators or collecting sensitive evidence. This can increase legal fees and emotional strain.
No-fault grounds often promote a calmer process. They focus on resolving financial and parental issues. That fosters constructive communication. Some couples do prefer to file on fault grounds for personal reasons. But from a legal standpoint, no-fault is often simpler.
At Morgenstern & Rochester, we discuss these options with clients. We explain the pros and cons of each ground. If proving fault offers no advantage, we advise a no-fault approach. Our goal is to streamline your divorce and protect your interests.
Common Misconceptions About No-Fault Divorce
Some spouses worry that no-fault means ignoring wrongdoing. They feel it’s unfair if the other spouse did something harmful. But remember that New Jersey courts rarely use fault to decide alimony or custody. The law views divorce as a financial and parental arrangement.
Another myth is that no-fault divorces are always quick. That depends on other factors, like disputes over property. If spouses disagree on major issues, negotiations take time. Still, removing fault allegations can reduce conflict. It can also lower legal costs in many cases.
Lastly, some believe no-fault divorces cannot address big problems. That isn’t true. You can still raise serious concerns like safety. If there’s domestic violence, you can seek a restraining order. Choosing no-fault doesn’t block your legal protections.
Filing for a No-Fault Divorce
To start a no-fault divorce, you file a Complaint for Divorce. You must select irreconcilable differences or separation as your grounds. You also need to meet residency requirements. The document should detail basic facts, like the marriage date.
Next, the other spouse is served. They can respond by filing an Answer or Appearance. If both spouses agree on issues, the process can be simpler. You might finalize the divorce through a settlement agreement.
If disputes arise, you may need mediation or court intervention. But no-fault grounds still apply. You don’t have to prove wrongdoing. This keeps the focus on practical matters, not personal blame. Throughout this process, legal counsel can protect your rights.
Working With Morgenstern & Rochester
At Morgenstern & Rochester, we focus exclusively on family law. We have nearly 50 years of combined experience. Our two-partner firm believes in personal attention. We do not hand cases off to inexperienced associates or paralegals.
Whether you choose irreconcilable differences or separation, we can guide you. Our attorneys can explain each step, from filing to final decree. We also coordinate with experts when needed. This might include business appraisers or forensic accountants. We believe in building a solid case for every client.
Our Cherry Hill office takes pride in thoughtful representation. We strive to reduce stress and confusion. We also prepare clients for life after divorce. That might mean addressing financial concerns or creating parenting plans. Each case is unique, and we tailor our approach.
Practical Tips for a Smoother Process
- Organize Financial Documents
Gather tax returns, bank statements, and pay stubs. This saves time later. - Consider Mediation
Mediation can help you agree on key issues. It often reduces legal costs. - Communicate Respectfully
Heated conflicts can slow the process. Try to stay civil with your spouse. - Focus on the Future
No-fault divorce lets you avoid blame games. Use that to move forward. - Follow Legal Advice
Work with experienced attorneys. They will safeguard your rights and goals.
When Fault-Based Grounds Might Still Apply
Though no-fault is common, fault grounds remain useful in rare cases. Some spouses may feel strongly about wrongdoing. Others suspect hidden assets or repeated misconduct. They may believe a fault-based claim underscores serious problems.
However, New Jersey courts rarely use fault to decide alimony. (See Mani v. Mani, 183 N.J. 70.) The exception is extreme economic harm caused by one spouse. Child support and property division also ignore fault. Only major financial misconduct can influence outcomes.
Before pursuing a fault-based claim, weigh the benefits and costs. Speak with an experienced attorney. If fault won’t alter the outcome, no-fault might be easier. You can still protect children and finances without alleging wrongdoing.
No-fault divorce in New Jersey offers a simpler path. It focuses on irreconcilable differences or separation. These grounds don’t require proving misconduct. That often saves time, money, and emotional strain. It also aligns with New Jersey’s approach to alimony and child support. Courts rarely penalize a spouse for personal failings.
Still, no-fault divorce isn’t automatic. You must meet certain requirements. For irreconcilable differences, you need six months of discord. You must also satisfy the 12-month residency rule. Separation requires 18 consecutive months apart. Both grounds reflect the marriage’s end.
At Morgenstern & Rochester, we can help you decide which path works best. Our firm has nearly 50 years of combined family law experience. We take a personal, hands-on approach to each case. We also offer guidance on financial and legal consequences. Our team helps you prepare for life after divorce.
If you have questions, call our Cherry Hill office at (856) 489-6200. We can set up a consultation to discuss your options. Whether you choose no-fault or fault-based grounds, we’ll protect your rights. Let us help you move forward with confidence and peace of mind.No-fault divorce often provides a fresh start. It lets you avoid blame and focus on solutions. That can ease the burden for you and your family. With the right legal support, you can secure a fair outcome. Contact Morgenstern & Rochester today to learn more.