No Fault Divorce in Monmouth County

I'm glad that you are at this page, because if you are having marital problems and you live in Monmouth County, then what I'm about to tell you is important for you to understand.

It will save you emotional wear and tear and probably money (on your legal fees.)

New Jersey is a No Fault Divorce state.

This means that one spouse in NJ can get a divorce without either party having to prove fault or misconduct on the part of the other.

This approach assumes the philosophy that marriages break down for many reasons, and that trying to assign blame should not be necessary in order for someone to get a divorce when that person feels that the marriage should end for whatever reason.

A person who wants a no fault divorce in NJ usually files for divorce on the grounds of "irreconcilable differences".

Key Features of a No-Fault Divorce in New Jersey:

1. Absence of Blame: Unlike traditional divorce grounds that may require proving fault, such as adultery or cruelty, a no-fault divorce allows couples to end their marriage without placing blame on either party.

   This can foster a more amicable and less adversarial divorce process. This results in less attorney involvement, which translates to potentially huge savings on attorney fees to the client.

2. Irreconcilable Differences: In New Jersey, the most common grounds for a no-fault divorce is the assertion of "irreconcilable differences."

   This term signifies that the marriage has broken down irretrievably, and there is no reasonable prospect of reconciliation.

3. Simplified Legal Proceedings: No-fault divorces typically involve simplified legal proceedings.

   Instead of focusing on proving fault, the emphasis is on addressing the practical aspects of the divorce, such as property division, spousal support, and child custody.

4. Faster Resolutions: The absence of fault-related disputes often expedites the divorce process.

   No-fault divorces tend to conclude more swiftly, allowing both parties to move forward with their lives without protracted legal battles.

5. Reduced Emotional Strain: By eliminating the need to dwell on fault or misconduct, no-fault divorces can be less emotionally draining for both spouses.

   This can be particularly advantageous when children are involved, as it allows for a more cooperative and constructive co-parenting relationship post-divorce.

Initiating a No-Fault Divorce in New Jersey:

1. Filing the Complaint: To initiate a no-fault divorce, one party must file a Complaint for Divorce, citing irreconcilable differences as the grounds for the divorce.

2. Legal Documentation: Both parties will work with their respective attorneys to navigate the legal documentation required for the divorce, addressing issues such as asset division, alimony, child custody, and support.

   

3. Negotiation and Settlement: The focus of the legal process shifts to negotiating and settling the terms of the divorce. Attorneys play a crucial role in facilitating communication and ensuring that the agreement aligns with the best interests of their clients.

4. Finalization: Once an agreement is reached, it is submitted to the court, the divorce is finalized, and both parties can officially move forward.

5. Trial: If the case cannot be settled (1 in 100 in my experience) then it heads to a N.J. Superior Court Judge for a trial at the county courthouse.
   
   But most people reading this article will never have to really worry about "going to trial." In my experience, almost every one of you will settle your cases...some sooner and easier than others...but almost every single person reading this article will settle sometime before trial. 
   
   I promise!