Though most divorcing couples cite the “no fault” grounds of irreconcilable differences and separation at the outset of their case, there are also a number of “at-fault” grounds for divorce in New Jersey which trigger a series of different waiting periods and other requirements for the dissolution to proceed.
When one spouse has behaved in an unconscionable manner that creates a need to end the marriage, a Monmouth County inhuman treatment divorce lawyer can be of significant help. A knowledgeable family attorney in Monmouth County can build a case to help obtain a successful result on a client’s behalf.Fault-Based Grounds for Divorce
If the above-referenced no-fault grounds for divorce are not utilized or relevant in a given case, the party filing for dissolution will generally cite one of New Jersey's fault-based factors outlined by NJ Rev Stat § 2A:34-2, which include:
These grounds can be best explained using an inhuman treatment divorce lawyer in Monmouth County.Understanding Inhuman Treatment and Extreme Cruelty
This particular fault-based trigger for divorce describes physical and/or verbal types of abuse directed toward one spouse by the other. An individual who initiates the divorce proceeding will need to wait at least three months from the date of the relevant act(s) of inhumane treatment before filing a divorce complaint.
But, if the at-fault spouse files for divorce first, there is no compulsory waiting period for using inhumane treatment as part of a counterclaim in response.Implications of Marital Fault
New Jersey courts do not take marital fault such as inhuman treatment into consideration when issues of marital asset division arise. This stands in contrast to the manner in which economic misconduct during the marriage is handled when crafting final divorce settlements.
Dissipation or concealment of marital assets will routinely be factored into asset division discussions, but marital misconduct of non-economic types will only come into play if they can be shown to have had a notable financial impact on the estate.
Broadly speaking, the courts overseeing divorce matters in New Jersey are not interested in establishing which party was responsible for undermining the success of the marriage. Rather, the goal is to arrive at an appropriate, reasonable and fair child support agreement, custodial arrangement and division of marital assets.
However, there are certainly situations in which certain types of marital misconduct, including egregious examples of inhuman treatment, can impact parenting time and custody agreements.
The reason for this is that the court is fundamentally charged with ensuring that the best interests of minor children are protected, and harsh conduct on the part of one spouse to the other may be viewed as a threat to the offspring produced during the marriage. To understand such procedures, it is important to contact a Monmouth County inhuman treatment divorce attorney as soon as possible.Benefit of an Attorney
Though in the lion's share of divorce cases, marital fault such as inhuman treatment of one spouse will not have a substantial impact on the resolution of contentious financial issues and the division of marital assets, there are scenarios in which allegations of this nature will prove pivotal to certain aspects of the final agreement.
A Monmouth County inhuman treatment divorce lawyer can enter the fray and help achieve a truly fair result that safeguards the interests of clients and the minor children they love.