What Is a “No Fault” Divorce” and How Can It Help Me?

These days, many couples get divorced and for a myriad of reasons. At times, the reasons are particular, such as adultery, incarceration, abuse, and more.

Often, you and your partner may have “grown apart,” and your marriage simply no longer works the way you intended it to. If this is true, you may wish to file for a New Jersey no-fault divorce.

A no-fault divorce can be legally more straightforward, less stressful, and less costly, but you and your spouse must be able to discuss crucial matters reasonably and not wish to blame either party.

When you thoroughly discuss your case with your skilled Morris County divorce lawyer, a no-fault will probably be their first suggestion; this is assuming it is possible given the overall circumstances of your divorce.

Statistics show that in New Jersey, most people getting a divorce choose this no-fault option. In a no-fault divorce, grounds for divorce need not be a significant issue, and you and your spouse can state that irreconcilable problems exist, and these issues and your marriage cannot be repaired. So, the reasons you wish to get divorced are legally stated as “irreconcilable differences.”

Also, all no-fault divorces are usually more private, as they do not require proof of the specific fault of either partner. However, even if you file a no-fault divorce, you may still have some litigation with your spouse; this is usually true if you both cannot agree on the terms and other significant issues that must be settled before your divorce is finalized.

This is where your skilled, experienced, and thorough Morris County lawyer’s advice and guidance will prove invaluable. Suppose you and your lawyer can address significant issues, such as equitable distribution, child custody, visitation rights, etc., beforehand and devise a viable plan. In that case, your no-fault divorce may become significantly more straightforward.

Are There Requirements For a No-Fault Divorce in New Jersey?

Although a New Jersey no-fault divorce can be simple, less costly, and less stressful to obtain, there are still certain requirements to which you must adhere.

Although these requirements do not include admitting “fault,” finger-pointing, “or specific grounds for your needing to divorce, there are four matters that (with your lawyer’s help) you must adhere to, they are;

  • One of you must have resided in New Jersey for at least twelve consecutive months before filing for your no-fault divorce.
  • You and your spouse must have been experiencing “irreconcilable differences” for at least six months or more.
  • These irreconcilable differences must make your marriage unworkable.
  • At least one of you must believe and be convinced there is no reasonable path to reconciliation.

Argumentatively, these reasons can sometimes be vague, and how your case is presented to the court is critical. This is where the skills and experience of your Morris County divorce lawyer will be invaluable, as everything must be done in the proper legal manner, both in preparation and presentation or you may have to begin the process all over again.

What Conditions May Complicate My No-fault Divorce in New Jersey?

If there are not any underlying conditions, such as adultery, abuse, neglect, etc., to complicate filing for a no-fault divorce, then things should go relatively smoothly. This is especially true if you follow your divorce lawyer’s advice and experienced guidance.

But, even though your no-fault divorce may start amiably, many factors can extend the time, cost, and stress it takes to finalize the legal process.

Even if fault is not an issue, and you and your spouse attempt to divorce quickly with the most minor pain, many critical problems must be resolved before all is finalized.

That said, possibly the most significant factor influencing the complexities of a no-fault divorce is the animosity between you and your spouse. By working with your lawyer, you should attempt to draft a suitable plan that suits you both. Suppose you and your spouse cannot agree on specific vital issues in your divorce. In that case, your no-fault divorce can get increasingly complex, and you may have to go to trial, which will significantly lengthen the legal process.

Also, if one of you is uncooperative and isn’t able to compromise or cooperate, this will significantly extend the time, cost, and anxiety it takes to finalize your divorce.

Finally, the complexity of the issues involved in the divorce, such as a high net worth estate or complex child custody issues, can also extend the duration of the divorce process.

Is There Still a Waiting Period For Getting a No-Fault Divorce in New Jersey?

One of the most common questions divorce lawyers are asked is, “How long does my no-fault divorce take to finalize? There isn’t a general answer to this question, as each divorce differs. However, if handled professionally, a New Jersey no-fault divorce may take three to twelve months to finalize.

Legally, New Jersey does not have a mandatory waiting between the filing of the Complaint to Divorce and your finalized divorce. So, after your lawyer files your Complaint for Divorce, the court can grant your divorce as soon as all the paperwork is completed and all the critical issues surrounding your divorce have been resolved.

So, in essence, a lot depends on you and your spouse. Suppose you and your skilled, empathetic, and thorough Morris County divorce lawyer draft a plan that solves all the major decisions in your divorce. In that case, you are well on your way to rapidly getting it legally finalized.

Cooperation is the key factor, and your lawyer will be instrumental in assuring that all the crucial factors that may complicate and hold up your divorce are thoroughly discussed and resolved well before your court appearance.

I Wish to File for a No-Fault Divorce in New Jersey; How Should I Proceed?

You must know that all divorces must be done on a case-by-case basis, as they all have varying circumstances involved. No matter how amiable you and your spouse may start, critical issues always exist, and all must be resolved.

Only obtaining the help of an experienced Morris County divorce lawyer and the ability to compromise will expedite this normally highly stressful and painful process.

The empathetic and well-versed Morris County divorce lawyers at the Edens Law Group have a long and winning history of formulating viable plans to make this process as efficient and painless as possible. Call them today at (908) 529-0353, and they will immediately begin to move you through the divorce process as professionally and anxiety-free as possible,