Compassionate Divorce Attorney in Basking Ridge, New Jersey
New Jersey Family Law Firm Knowledgeable in New Jersey Divorce Law
Although New Jersey allows “fault” divorces, most divorcing couples seek a “no fault” based divorce. In New Jersey “fault” generally has no bearing on the division of financial assets, support, parenting time, or other important issues. As such there is no advantage to pleading a divorce based in fault vs. no-fault.
No-Fault Divorce in New Jersey
In New Jersey, a no-fault divorce is based upon irreconcilable differences, meaning a couple no longer gets along and there is no reasonable chance that they will reconcile. In a no-fault divorce, one spouse does not have to allege that the other spouse is guilty of some type of misconduct that caused the divorce, and the parties can end their marriage without making private matters public knowledge or having to defend accusations in court.
No-fault divorce may be easier on both the parties and children. While even an amicable divorce is usually difficult for children, they have a much harder time hearing bad things said about their parents during the proceedings of a fault divorce, and an ugly divorce battle may have lasting, negative effects on their relationships with both parents.
Fault Divorce in New Jersey
A fault divorce is based upon one spouse’s fault, or misconduct, that the other spouse says caused the divorce. Although all states now allow couples to obtain a no-fault divorce, about two-thirds of them still recognize fault divorces that require spouses to make allegations against each other.
New Jersey’s fault-based grounds include:
- Willful desertion
- Physical or mental cruelty that endangers the safety or health of a spouse
- Continued drug or alcohol abuse for a period of at least 12 months
- Separation for at least 18 consecutive months
- Institutionalization for 24 consecutive months or more
- Imprisonment for 18 or more consecutive months
- Deviant sexual conduct
Are you considering filing for divorce in Basking Ridge, New Jersey? The Law Offices of Leonard A. Weitzman, LLC in Bridgewater offers comprehensive legal representation to those preparing for divorce. Contact our firm online or call (908) 458-9098 to schedule an initial client consultation today.