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Woodbridge No-Fault Divorce Lawyer

Divorces in New Jersey can be filed on fault grounds as well as under the no-fault category. The latter option has become the more commonly used since being introduced in the state in 2007.

However, many people still harbor some confusion about the differences between a fault divorce and a no-fault divorce. If you are divorcing from your spouse, you may benefit from contacting a Woodbridge no-fault divorce lawyer who could advise you on how to file your specific case. Call a seasoned divorce attorney today.

Defining No-Fault Divorce

Prior to 2007, a person seeking a divorce in New Jersey was required to prove some fault on the part of their spouse in order to be granted a divorce. The no-fault divorce option now allows spouses to divorce without having to prove such a fault. Usually, this is done by claiming irreconcilable differences between the two parties. By filing a no-fault divorce, the process can be less contested, can take less time and money, and does not require the spouse who is seeking the divorce to prove anything. For more information, reach out to a Woodbridge no-fault divorce lawyer.

Grounds for a No-Fault Divorce

The main avenue taken by most divorcing couples in a no-fault divorce is to claim irreconcilable differences. This means that one or both parties simply must claim that they no longer wish to be married and that this opinion cannot be changed.

The other option is to legally separate, an alternative which is sometimes pursued by couples who are not entirely sure divorce is the best option for them. After the two parties are separated—that is, have been living in different primary residences—for a year and a half, they can be granted a divorce from the court on the grounds of separation.

However, many people file for no-fault divorce based on irreconcilable differences because there is no requirement to live in separate residences for any length of time under these grounds. This can be a useful option for couples who need to live together to save money while the divorce process is ongoing. A no-fault divorce lawyer in Woodbridge could help individual couples decide which option is best for them.

Fault-Based Divorces

Some individuals may decide to pursue a divorce on certain fault grounds. This can be a useful tool in the event of misconduct by one party and can lead to higher settlements in favor of the wronged party. However, this process is much more time-consuming and costly than a no-fault divorce, since evidence must be gathered and a case against the offending party must be built.

Still, Woodbridge does allow for fault divorces on such grounds as adultery, extreme cruelty or abuse, addiction or the use of drugs, imprisonment of a spouse for 18 months or more, institutionalization of a spouse for at least a year, spousal desertion for at least a year, and engaging in deviant sexual conduct without the permission of the other spouse. A knowledgeable family attorney could help someone with any questions regarding fault in divorces. 

Speak with a Woodbridge No-Fault Divorce Attorney Today

No-fault divorces do not require you to prove any fault in the behavior of your spouse, but they can still be contested, and many legal issues may arise as a result. Perhaps you and your spouse cannot agree on the division of property or custody of your children. Other potential sticking points can include spousal support, child support, and parenting rights.

Just because a no-fault divorce is easier to obtain than a divorce filed on fault grounds does not mean that it is always an easy process. Your best option may be to contact a Woodbridge no-fault divorce lawyer who has experience in these matters and could help you obtain a divorce ruling that suits your needs and respects your rights.