Reasons to Seek a Divorce in New Jersey, Part 1: No Fault Divorce

When navigating a divorce in New Jersey, do yourself a favor and learn what your rights are according to the law. Understanding what New Jersey law says about divorce will bring peace of mind and confidence! Let’s start by understanding a no fault divorce.

Every divorce in New Jersey is begun by filing a Complaint for Divorce in the Superior Court of New Jersey, Chancery Division, Family Part. It must be filed on either no fault or fault grounds. This post covers the basics of a no fault divorce.

Irreconcilable Differences Leading to a No Fault Divorce

The law, New Jersey Statutes Annotated 2A:34-2(d), states that:

Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least eighteen or more consecutive months, and there is no reasonable prospect of reconciliation provided further that after the eighteen month period there shall be a presumption that there is no reasonable prospect of reconciliation.

Note also that, while technically a “fault” ground, most attorneys consider irreconcilable differences as a quasi “no fault” cause of action.

Also, in the New Jersey Statutes Annotated 2A:34-2(i) it says:

Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.

To Put it Simply…

No fault grounds are better classified as eighteen months separation in different homes where the parties have no sexual relations with one another. The Complaint for Divorce cannot be filed until after the eighteen months.  This is because the State of New Jersey has an interest in preserving family life and has created an eighteen month “cooling off” period when the parties do not have fault grounds.

In reality, most people choose not to wait eighteen months due to the desire to end the marriage and move on.  The irreconcilable differences statute does not require that the parties live separate or apart.  The only requirement is that the irreconcilable differences existed for six months prior to the filing of the divorce complaint. Many people are surprised to learn that they may live together after opening a divorce case on one of the fault grounds or based upon irreconcilable differences.

 

Each case is as unique as the people it involves, so you need guidance if you are navigating a divorce in New Jersey. It is vital to choose an attorney firm who has your best interest at heart, like Gruber, Colabella, Thompson, Hiben & Montella. Get your free consultation here!