Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Monmouth County No-Fault Divorce

New Jersey divorce law can be complicated and if you are considering getting a Monmouth County no-fault divorce, you will need the help of an experienced divorce attorney, no matter what caused the breakup of your marriage.

No-Fault and At-Fault Divorce in New Jersey

In some states, the courts may take into account the reason for a divorce when determining how to divide assets and decide on the other terms of the divorce. In other jurisdictions, the state is considered strictly no-fault, and responsibility for causing the breakup of the marriage is not typically considered by the court when deciding divorce terms.

In New Jersey, divorcing parties may file for both at-fault and no-fault divorce. Because both options are available to divorcing couples, New Jersey is not considered an official "no-fault" divorce state. New Jersey courts consider fault when deciding alimony issues, but not when dividing property.

Certain causes of fault for the divorce may have more of an impact on a court's reasoning than others. For instance, courts would likely not consider adultery when determining child custody, but a history of physical abuse and mental cruelty would be a relevant factor to consider.

No-Fault Divorce Reasons

Monmouth County no-fault divorces are generally said to be due to irreconcilable differences, meaning simply that the couple cannot get along and that there is no chance of reconciliation.

New Jersey requires that couples divorcing due to irreconcilable differences establish that they have been unable to resolve their issues for at least six months. Another reason New Jersey couples are allowed to cite in a no-fault divorce is separation. In other words, the couple has already separated and there is no chance for reconciliation.

Separations in New Jersey must last for at least 18 months. Parties who wish to get divorced on a faster timeline typically cite irreconcilable differences rather than separation.

Benefits of a No-Fault Divorce in New Jersey

One major benefit of this type of divorce is privacy. Couples do not have to air their differences and disagreements in the courtroom for all to hear. Because the court is not tied up hearing evidence of who is at fault for causing the divorce, the process can also be more efficient, and thus, economical.

Finally, many parties believe a Monmouth County no-fault divorce is better when there are children involved, since a no-fault process is less acrimonious and can promote better co-parenting in the future.

How At-Fault Divorces Differ from No-Fault Divorces

When a divorcing party decides to have the court spend time finding an at-fault basis for the divorce, they must cite one of only a few allowable reasons for at-fault divorce in New Jersey, including adultery, abandonment or willful desertion, physical abuse or mental cruelty, or a serious drug or alcohol abuse problem that has continued for 12 months or more.

Even in cases where these circumstances have occurred, parties may still decide that a Monmouth County no-fault divorce is right for their needs. A skilled no-fault divorce attorney can help parties determine which type of divorce they should pursue, based on the facts of their specific case and their goals in moving forward following the divorce.

Consult with a Monmouth County No-Fault Divorce Attorney Today

Regardless of which party bears more responsibility for bringing about the divorce, an experienced no-fault divorce attorney can help protect your rights and decide how best to proceed in your Monmouth County no-fault divorce.