Getting Divorced in New Jersey-Do you need to prove“Fault”?
In New Jersey, almost every case proceeds on a no-fault basis, even though on occasion a spouse may want to proceed on claims of adultery, extreme cruelty, or another fault-based ground. Most divorces in New Jersey are filed as no-fault under the category of irreconcilable differences. The law recognizes that after six months of such differences, it is no longer reasonable for the spouses to remain married. As a result, there is no length of time that spouses need to be separated in order for a divorce to take place. New Jersey divorce law is focused on allowing people to move on with their lives without finger-pointing, money spent and time wasted on addressing such issues.
Ultimately, while fault can come into play in a New Jersey divorce, it is almost always irrelevant to the outcome, and can even be used as a ploy to emotionally affect the other spouse.
The Law Offices of Edward S. Cooper, Esq is ready and willing to provide you with the proper counsel according to the law in New Jersey to guide and educate you to determine your best course of action, we serve in the areas of Edison, Clark, Cranford, Rahway, Roselle Park, Elizabeth, and throughout Union County, Garwood, Essex County, and northern Middlesex County.
When facing the challenges of divorce, you are ultimately required to make the final decisions. Don’t face some of the biggest challenges in your life without an experienced professional tasked to educate, guide, and advocate for you from the initial claim to its conclusion.
Fault vs No-Fault Divorce Union County NJ
Although New Jersey divorces are almost always based on no-fault, sometimes, a husband/wife may want to proceed on a claim of infidelity, hostile behavior, stalking, or other fault-based principles.
In places like Hawaii, Illinois, Mississippi, and New Mexico among a list of other states across the U.S. it is possible for a person to press charges for alienation of affection against someone with whom his or her partner has had extramarital relations with. New Jersey courts receive these types of claims on a regular basis, however, this is not a regulation that applies under state law.
Outside the United States, there are countries where you must have a strong and legal reason to claim a divorce. You just can´t walk into the court building and tell the authorities you want to end your 10,20 or more year marriage just because. There really needs to be a good legitimate reason if you want to end your marital pledge.
Other States Require Compelling Evidence to File for Divorce
As previously stated above, New Jersey, like 42 other states, is more focused on allowing people to continue with their lives if they decide to do so, avoiding the costly implications of having to address all types of allegations by your spouse. Ultimately you don’t need to provide a compelling argument, evidence of infidelity, or even abuse in order to establish fault and be granted a divorce hearing.
Let the law offices of Edward S. Cooper be your guide through the difficult and often confusing divorce process. We have the knowledge and the experience to properly advise you. Call us today for a consultation at (908) 481-4625, or fill out a contact form.