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Edison Township No-Fault Divorce Lawyer

If you are considering filing for divorce or are currently going through a divorce, an Edison Township no-fault divorce lawyer is prepared to answer your questions and offer you guidance. A no-fault divorce may offer you a simple and effective way of separating from your spouse and may allow you greater control over many aspects of a divorce, including child support, alimony, and property division. For more information, reach out to an experienced divorce attorney.

Basics of No-Fault Divorces in Edison Township

In New Jersey, a couple may choose to file what is known as a no-fault divorce. Unlike a fault-based divorce, a no-fault divorce does not require that a separating couple prove that the other spouse committed some wrongdoing such as engaging in adultery.

Rather, a couple may file for a no-fault divorce under N.J.S.A. §2A:34-2 for irreconcilable differences or separation for a period of eighteen months. A majority of divorces in the state of New Jersey are filed based on irreconcilable differences.

What are Irreconcilable Differences?

Irreconcilable differences have been recognized as grounds for divorce in New Jersey since 2007. While this is one basis for a divorce, the court has provided little insight as to what specifically constitutes irreconcilable differences.

Rather, instead of placing the burden on an individual or a couple to prove that there are in fact irreconcilable differences, the court simply requires the filing party to plead that these differences have existed for a period of six months and that there is no reasonable possibility that the couple will be able to reconcile their differences.

Separation as a Grounds for a No-Fault Divorce

For a divorce on the grounds of separation, the filing party must prove they and their spouse have lived separate and apart for at least 18 consecutive months. While it is not an absolute requirement, the filer may include evidence of their separation such as a lease.

Benefits to Filing a No-Fault Divorce

There are no specific advantages to filing for a no-fault divorce in terms of a property settlement. Courts in Edison Township typically do not take fault into consideration when determining whether to grant a divorce. However, a no-fault divorce may be easier and less time-consuming to file than a fault-based divorce, as the filing party does not need to prove the other spouse was at fault. To learn more about the benefits of a no-fault divorce, call an experienced lawyer

Required Forms

In order to file for a no-fault divorce, the filing party should fill out and include the following in the process:

  • A summons
  • Complaint for divorce
  • Affidavit of verification and non-collusion
  • Confidential litigant information sheet
  • Affidavit of notification of complementary dispute resolution alternative

An Edison Township no-fault divorce lawyer could ensure that that filing party has all the forms required to complete the process.

Turn to a Trusted Edison Township No-Fault Divorce Attorney

An Edison Township no-fault divorce lawyer could help you consider the benefits and the potential ramifications of filing a no-fault divorce action. In addition, a no-fault divorce attorney could help you gather the information necessary to file a no-fault divorce action while also considering important aspects of a divorce such as a child custody, visitation, marital settlement agreements, child support, and alimony. Call today to get started.