There are typically two types of divorce, fault based divorce and no-fault divorce. A fault based divorce requires a showing that one party (or both) committed some fault that caused the marriage to end. A no-fault divorce requires no explanation and only has to show that one, or both, spouses want to end the marriage.
If you are considering a divorce, you should meet with a New Jersey no-fault divorce lawyer that can guide you through the divorce process. A qualified no-fault divorce attorney can advocate for you.Advantages of No-Fault Divorce
Prior to 2007, there was not a no-fault option for divorce in New Jersey. Rather, individuals generally filed for divorce based on a lengthy separation or based on extreme cruelty. Either way, this was not a great option for parties that simply wanted to end the marriage as quickly as possible without laying blame on any specific spouse. There are several advantages to no-fault divorce, some of the most common advantages are that it is less expensive, quicker and there is greater privacy with a no-fault divorce.
No-fault divorces typically take much less time than fault based divorces which in turn decreases the amount spent on the divorce. They are speedier because again, no-fault divorces usually take less time to resolve since no one has to prove or disprove fault.
Finally, there is more privacy afforded with a no-fault divorce. Unlike with fault based divorce, people do not have to expose their marital issues to the public.Disadvantages of a No-Fault Divorce
While the benefits are numerous, there are also some disadvantages to a no-fault divorce.
One party may not want to end the marriage and no-fault makes it easier for one spouse to leave the relationship when one party still wants the marriage to work.Without a fault based reason for divorce individuals may not be able to include information in their divorce that they want a judge to consider for issues such as alimony or child custody. For example, if someone is getting a divorce because the other spouse was cheating and spending marital funds outside of the marriage that is a factor that the court may consider when allocating an award for spousal support.
However, the type of divorce that is best for a person will depend on their specific and unique set of circumstances. A New Jersey no-fault divorce lawyer can advise anyone considering divorce, on the best course of action for them.Divorce Based on Irreconcilable Differences
New Jersey’s no-fault divorce is based on the idea that the couple has irreconcilable differences that require a divorce. There are some requirements for this type of divorce that must be met.
Firstly, at least one of the spouses must have lived in New Jersey for at least twelve months before filing for divorce. Furthermore, irreconcilable differences must have existed between the couple for a minimum of six months. The differences have to be so conflicting that divorce is the only option left. Also, there is no likelihood of reconciliation between the spouses.How a New Jersey No-Fault Divorce Lawyer Can Help You
The requirements for no-fault divorce are not difficult to meet but it does establish a threshold that the couple must have in order to file for a no-fault divorce. However, a New Jersey no-fault divorce lawyer is someone who can best help you understand what type of divorce best fits your needs.
If you do decide you want a divorce and specifically a no-fault divorce then your lawyer can help you with the next steps to initiate your divorce.