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New Jersey No-Fault Divorce Attorneys

In generations prior, couples needed to present divorce courts with a concrete reason for their split before the divorce could be granted legally. Spouses would be forced to prove a basis, such as adultery, drug abuse, or physical cruelty, in court. Now, New Jersey law is one of a majority of states that allows couples to choose between filing for divorce on the basis of fault or filing for no-fault divorce. This offers couples the option of divorcing amicably or of keeping private the reasons for their split.

At Herbert & Weiss, our New Jersey divorce attorneys are skilled at finding solutions for couples who want to minimize conflict during divorce. We help couples file for divorce on a no-fault basis when they do not wish to air the personal and private reasons for their split in a courtroom trial. Contact our Englewood offices today for a consultation from one of our no-fault divorce lawyers on your divorce in New Jersey.

What Are the Laws on New Jersey No-Fault Divorce?

New Jersey was one of the latest states to introduce a form of no-fault divorce into law. It wasn’t until 2007 that Gov. Jon Corzine signed into law a bill that allowed couples to choose between filing for divorce due to fault, living in separate residences for at least 18 months, or “irreconcilable differences.” In order to qualify for a divorce due to irreconcilable differences, couples must show that:

  • One or both spouses has lived in New Jersey for at least one consecutive year prior to filing
  • They have been experiencing irreconcilable differences for at least six months,
  • Those differences are sufficiently serious that they believe the marriage should be dissolved and don’t believe there is a reasonable chance of reconciling.

Most spouses file for no-fault divorce when they do not wish to wait the 18 months necessary to file for divorce on the basis of separation. There are few advantages to filing for a fault-based divorce rather than no-fault divorce. Proving fault requires presenting evidence of wrongdoing that can feed conflict and protracted litigation, rather than allowing spouses to move on towards a new life. Proving fault rarely changes how property is divided between the spouses or whether alimony is awarded under New Jersey law. No-fault divorces are typically faster and less costly than fault-based divorces, as well. A seasoned New Jersey divorce attorney can help you determine whether no-fault divorce is the right choice for you and your spouse.

Bring Your Englewood Family Law Matter to Herbert & Weiss

If you need professional, compassionate, and experienced help with a New Jersey family law case, such as a divorce or custody dispute, contact the Englewood offices for a no-fault divorce attorney at Herbert & Weiss for a telephone consultation at 201-440-6300.

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