People contemplating divorce often have minimal information about the process. What they know may come from people in their lives or popular media. Information from other jurisdictions may not be particularly helpful for those who need to file for divorce in New Jersey.
Spouses are often anxious to determine whether or not their circumstances qualify for divorce and what steps they need to take to properly navigate the divorce process. People sometimes assume that they have to prove that their circumstances meet certain criteria if they want to divorce, especially if their spouses are not cooperative.
New Jersey offers no-fault divorce
Like most other states, New Jersey allows people to file for divorce on the basis of a significant change in the marital relationship. They can claim that they have experienced irreconcilable differences and that the marriage is no longer repairable. No one can really prove irreconcilable differences, which means that people filing for no-fault divorces do not need any evidence.
However, New Jersey also allows for fault-based divorce proceedings. People can theoretically file for divorce and assert that their spouses are to blame. People who want to divorce due to abuse, adultery or the desertion of a spouse may need evidence if they intend to pursue a fault-based divorce.
Litigating over fault can increase the timeline for divorce, as well as the costs involved. Spouses may need support to gather evidence, and their divorces may require more time in court to complete. Therefore, they can usually anticipate higher overall costs than those associated with no-fault divorces.
Discussing the circumstances leading to a divorce filing with a skilled legal team can help people decide which way to proceed. Many times, even those who might qualify for fault-based divorces choose the no-fault route for expediency and cost reduction.