04 Oct No-Fault vs. Fault Divorce Grounds
Not all states have โno-faultโ and โfaultโ grounds for divorce, but New Jersey is one that does. Bloom Law Office is your leading, local divorce attorney firm committed to a fast and fair resolution.
No-Fault Divorces
In every state, divorcing spouses must list a reason, or grounds, for filing for divorce. For a no-fault divorce, the parties must have been separated (though not necessarily legally) and living apart for at least 18 consecutive months. Although not a requirement, having a legal separation can make getting a divorce a little bit easier. No-fault divorces also require the parties to show that there is not a reasonable chance of reconciliation.
Fault Divorces
Fault divorces are a little different. You donโt necessarily have to show that youโve been separated for at least 18 months. Instead, you must include evidence of the fault when filing. One of the most common faults is for โirreconcilable differences.โ The parties must indicate that the differences have existed for at least six months.
Other Faults
Other faults can include โextremeโ mental or physical abuse, desertion or constructive desertion, adultery, โhabitualโ drunkenness or drug addiction, โdeviant sexual behavior,โ imprisonment or institutionalism, or whatโs considered โdivorced from bed and board,โ which means the parties were not living or sleeping together. Many of these โfaultsโ are subjective, which is just one reason why hiring a divorce attorney is a good idea.
Filing the Divorce
Ideally, both parties will agree to the divorce and be part of the filing. When this happens, the divorce is generally much smoother, faster, and easier. However, that isnโt always the case. If one spouse doesnโt want a divorce, or refuses to move forward with it, things can get very complicated whether itโs a fault divorce or no-fault divorce.
Schedule a Consultation with Bloom Law Office Today
Even so-called โeasy divorcesโ arenโt always easy. Itโs important to protect yourself and not rush to get through things to get it behind you. If children are involved, or high amounts of wealth or owned businesses, a divorce can be very challenging. Protect yourself and your future by scheduling a consultation with Bloom Law today.