Divorce proceedings are notorious for being emotionally and financially draining. However, this is one action you can take to make this process a bit easier for you and your spouse. And this is to cite an irreconcilable breakdown of your marriage. Read on to discover what is considered to be an irreconcilable breakdown of a marriage and how a seasoned Bergen County divorce attorney at McNerney & McAuliffe can support you through this difficult time.
By definition, what is an irreconcilable breakdown of a marriage?
Put simply, an irreconcilable breakdown of a marriage is a claim that the marriage between you and your spouse is simply over and that neither places blame nor fault on the other. Commonly, this claim is cited between spouses that wish to remain amicable after the dissolution of their marriage. And with that, this claim is cited so spouses can undergo a no-fault divorce.
Notably, New Jersey is a no-fault divorce state, and thus offers the option to cite irreconcilable breakdown as the grounds for a divorce petition. But to properly go about this citation, you and your spouse will have to prove that you have irreconcilable differences or prove that you have been separated for at least 18 months before filing.
Why should I cite an irreconcilable breakdown of a marriage?
Understandably, you may be tempted to state to the New Jersey court how your spouse has wronged you so that you can receive a more favorable settlement agreement. However, it may be best to refrain from doing so.
This is because, first of all, citing fault grounds may have little impact on your divorce outcome. And, second of all, when you cite fault grounds, you are offering an opportunity for your spouse to contest the grounds. This would turn into a contested divorce, which is known to be more drawn out than an uncontested divorce. And with a longer process comes more money being put into it.
Why should I hire a Bergen County divorce attorney for my no-fault divorce?
Even though you may cite no-fault grounds and opt for an uncontested divorce, we still recommend that you seek legal representation from a competent Bergen County divorce attorney.
This is because, if at any point you and your spouse cannot agree on a divorce-related term, then you have to enter litigation proceedings. Such proceedings require a strong defense, as your assets will have to undergo equitable distribution, your child custody agreement and child support payments will be settled, and other terms will be decided on your behalf by the New Jersey court.
All in all, divorce is a unique process for each couple. Regardless, our firm is ready to assist you, so call us today.