Unfortunately, divorce is frequently emotionally, financially, and legally exhaustive. What’s more, New Jersey offers divorcing spouses the option of filing for a no-fault divorce or citing fault grounds, which adds an additional step to an already complex process. However, with an experienced New Jersey family law attorney on your side, it does not have to be. Please read on and reach out to our compassionate firm to learn more about no-fault divorces how we can help you through the legal process going forward. Here are some of the questions you may have:
What fault grounds can I cite in a New Jersey divorce?
In many cases, it is certainly fair to acknowledge that one party is “responsible” for a divorce. For example, if your spouse commits adultery, who could blame you for wanting to leave? For this reason, in New Jersey, individuals can either file a no-fault divorce or cite fault grounds. The fault grounds individuals in New Jersey may cite are as follows:
- Deviant sexual conduct
- Incarceration
- Institutionalization
- Abandonment
- Addiction
- Adultery
- Extreme cruelty
Though we understand why you may wish to tell the court how you’ve been wronged, and why you deserve a better outcome than your spouse, the truth is, this may actually hurt your case in the long run. When you choose to cite fault grounds, you allow your spouse to rebut your accusations, which, in turn, frequently prolongs the divorce process, as well as increases its contentiousness. This, in effect, will cost you more time and money, and what’s worse is that these accusations will seldom impact the outcome of your divorce.
Should I file for a no-fault divorce?
Under most circumstances, we will recommend you file for a no-fault divorce. In New Jersey, to file a no-fault divorce, you and your spouse will simply have to prove that you have irreconcilable differences or have been separated for 18 months before filing. That being said, whether you file a no-fault divorce or not, you may still have to enter litigation with your spouse, especially if you cannot agree on the terms of your divorce. In the litigation process, your assets may be subjected to equitable distribution, which is why you must retain the services of an experienced attorney who is ready to fight for what’s yours.
Contact our experienced New Jersey firm
If you considering a divorce in the state of New Jersey, you must consult with an experienced legal team who will help you through every step of the process. Mark McAuliffe of McNerney & McAuliffe has helped countless clients through divorce matters such as equitable distribution, spousal support, child support, and child custody, no matter the type of divorce they choose. If you need an experienced divorce attorney, contact McNerney & McAuliffe today.
