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Fault not necessary for New Jersey divorce

On Behalf of | Jun 16, 2020 | Complex Divorce, Divorce

During summer months, divorce rates often spike. Perhaps this is because couples wish to have the unpleasantness over with before the school year starts, or it may be that disappointing summer events such as vacations are the convincing factor for those who have been considering ending their marriages. No matter the reason, it is important for those who have decided to file for divorce to understand New Jersey laws in order to avoid complications and to secure the best chance of reaching their goals.

Since most states offer some form of no-fault divorce, it is no longer necessary for spouses to prove grounds for divorce. Nevertheless, in a contested divorce, one partner may file on grounds of adultery, desertion, mental illness, cruelty or other factors. This adds a level of complexity to a divorce that may include providing documentation or other proof of grounds. For this reason, many couples seek the assistance of an attorney for handling these matters more effectively.

New Jersey laws do not require a waiting period before filing. However, a no-fault divorce requires that the spouses be separated for at least 18 months before filing. In order to file for divorce in this state, at least one spouse must meet the residency requirements.

Divorce laws are different in every state, and they often change to meet the needs of the current times. This is why many couples find it beneficial to meet with individual attorneys before filing for divorce even if it is a no-fault process. An attorney will be well-versed in recent changes to the laws and can guide one in making decisions that will increase the chances of a more positive and successful post-divorce life.