Divorce is rarely easy, but understanding your options will help you make an informed decision that is best for your situation. Not all divorces are the same, and the following is an explanation of the two types of divorce in New Jersey.

No Fault

No-fault divorces are those in which neither spouse is alleging that the other did something wrong. The spouses in a no-fault divorce are stating that the divorce is based on irreconcilable differences. To pursue a no-fault divorce in New Jersey, you must meet several requirements. First, you and your spouse must have lived in New Jersey for at least 12 consecutive months before filing. Second, you must have been experiencing the irreconcilable differences for at least six months. Third, these differences must have caused your marriage to breakdown. Finally, there must be no reasonable chance of resolving your differences.


In fault-based divorces, one spouse is required to show that the other spouse’s misconduct was responsible for the dissolution of the marriage. New Jersey law provides for a number of causes for fault divorces. Adultery is one of the most commonly cited reasons. Desertion that lasts for at least 12 months or separation for at least 18 months with no reasonable prospect of reconciliation are also options available for spouses seeking a fault divorce. Additional reasons include extreme cruelty, voluntary addiction to narcotics, institutionalization for mental illness for at least two years, and imprisonment.

Are you considering filing for divorce? Call a New Jersey family lawyer to learn about your divorce options. At The Law Firm of Walter K. Schreyer, we are New York and New Jersey family law attorneys who are accustomed to handling divorce and child custody cases. Call our office today at (888) 511-2837 for answers to all of your family law questions.


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