Advantages of a No-Fault Divorce
In the state of New Jersey, there are nine grounds for divorce. If you are seeking divorce from your spouse but are stressed about the legal headaches this could cause, you may want to pursue a no-fault divorce. There are plenty advantages of a no-fault divorce. Here is what you should know.
Advantages of a No-Fault Divorce | No-Fault Grounds
The nine grounds for divorce in New Jersey include: adultery, desertion, extreme cruelty, separation, narcotics addiction, mental illness institutionalization, imprisonment, deviant sexual conduct, and irreconcilable differences.
These nine grounds can be separated into two categories: fault and no-Fault. A fault-based ground requires the party seeking the divorce to prove or demonstrate to the court specific instances of marital misconduct evidencing the particular fault ground that they pled. A “no-fault” ground, on the other hand, is simply a ground that a party may plead in their divorce papers that does not require them to put blame on the other party.
Of New Jersey’s nine grounds for divorce, two are “no-fault” grounds. Those two grounds are “separation for a period of 18 months” and “irreconcilable differences.” When a party files for divorce alleging either of these two grounds, courts presume that there is nothing further the parties can do to preserve the marriage and will generally grant the divorce without delving into any of the specific acts of marital misconduct by the parties.
Advantages of a No-Fault Divorce | Benefits
Two clear advantages of pursuing a no-fault divorce are privacy and cost. By pleading a no-fault ground, a party is shielded from airing the couple’s “dirty laundry” in public. This protects both parties from the disclosure of specific embarrassing behaviors and incidents that occurred during the marriage, and can be particularly beneficial to the children of the marriage who sometimes may be the only witnesses who can prove a specific fault ground that was pled. Pleading a no-fault ground generally insulates the children from having to come to court and testify about their parents.
Additionally, costs are generally spared when a party pleads a no-fault ground, as there is generally no need for expensive private investigators or extra attorney involvement in developing the necessary proof the court requires to demonstrate the specific misconduct upon which a fault-based ground depends.
Because of these two clear benefits, our office always tries to encourage parties to resolve their marriage by pleading a no-fault ground when possible. This method generally assures a less contentious, more streamlined divorce. It also encourages the parties to hammer out the remaining details of their divorce by agreement. Generally, such divorces do not result in subpoenas, depositions, or trials.
If you are seeking a no-fault divorce from your spouse, please contact our experienced New Jersey divorce lawyers today to arrange a free consultation. We will plan your best options and help you begin the next chapter of your life.