In New Jersey, you can both file for divorce based upon a no-fault and a fault basis. Some of the fault bases are adultery, desertion and imprisonment for example. However, the majority of divorces are based upon a no-fault ground, which is irreconcilable differences. This essentially states that the marriage is irretrievably broken for at least six months, there’s no prospect of reconciliation and that you and your spouse do not want to remain married as husband and wife. Those are the main bases in the state of New Jersey.
The majority of divorces are now filed based upon irreconcilable differences because you don’t need to prove a fault ground, as New Jersey is a no-fault state and it’s not going to impact on the distribution of assets and liabilities when it’s time to get divorced. I do suggest that if you have concerns with regard to whether you file based upon a fault or no-fault basis, that you contact me.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced divorce attorneys in the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered.