In generations prior, couples needed to present divorce courts with a concrete reason for their split before the divorce could be granted legally. Spouses would be forced to prove a basis, such as adultery, drug abuse, or physical cruelty, in court. Now, New Jersey law is among the majority of states that allow couples to choose between filing for divorce on the basis of fault or filing for a no-fault divorce. This offers couples the option of divorcing amicably or of keeping private the reasons for their split.At Herbert & Weiss, LLP, our team of Bergen County no-fault divorce attorneys are skilled at finding solutions for couples who want to minimize conflict during divorce. We help couples file for divorce on a no-fault basis when they do not wish to air the personal and private reasons for their split in a courtroom trial.

Contact our offices online or call (201) 440-6300 for a consultation with our firm to find out how we may be able to assist you.

What Are the Laws on No-Fault Divorce?

New Jersey was one of the latest states to introduce a form of no-fault divorce into law. It wasn’t until 2007 that Gov. Jon Corzine signed into law a bill that allowed couples to choose between filing for divorce due to fault, living in separate residences for at least 18 months, or “irreconcilable differences.”
In order to qualify for a divorce due to irreconcilable differences, couples must show that:

• One or both spouses has lived in New Jersey for at least one consecutive year prior to filing
• They have been experiencing irreconcilable differences for at least six months
• Those differences are sufficiently serious that they believe the marriage should be dissolved and don’t believe there is a reasonable chance of reconciling

Most spouses file for no-fault divorce when they do not wish to wait the 18 months necessary to file for divorce on the basis of separation. There are few advantages to filing for a fault-based divorce rather than a no-fault divorce. Proving fault requires presenting evidence of wrongdoing that can feed conflict and protracted litigation, rather than allowing spouses to move on toward a new life. Proving fault rarely changes how property is divided between the spouses or whether alimony is awarded under New Jersey law. No-fault divorces are typically faster and less costly than fault-based divorces, as well. A seasoned no-fault divorce attorney in Bergen County can help you determine whether this is the right choice for you and your spouse.

Bring Your Family Law Matter to Herbert & Weiss, LLP

If you need professional, compassionate, and experienced help with a family law case, such as a divorce or custody dispute, call Herbert & Weiss, LLP at (201) 440-6300 today.