Before the 1970s, all divorces in the United States were fault-based, which means that someone had to have done something wrong for a couple to be able to get divorced. This unfortunately led to a lot of people making false allegations just to try to get a divorce. 

In response, no-fault divorce laws were passed, which allowed people to get a divorce without having to blame each other or make false claims. 

In New Jersey, you can file for divorce either way: fault or no-fault, depending on your situation and goals.

Fault Divorce

A person may want to pursue fault-based divorce if one spouse has done something that was terrible enough to make the other spouse want to end the marriage. 

The following are reasons the divorce process in N.J. accepts for fault divorce:

• Adultery
• Deviant sexual conduct
• Drug or alcohol abuse for at least 12 months
• Incarceration
• Institutionalization for mental illness
• Physical or mental cruelty that endangers the safety or health of the other spouse or makes it unreasonable to continue living together
• Willful desertion for at least 12 months

*It is important to note that you will have to prove any of the accusations you make to the court. 

Despite this, the truth of the matter is that in most cases, judges do not consider fault or misconduct when determining how to divide property between spouses. It is pretty much only considered when determining how much alimony is reasonable, and even then, it does not carry much weight. 

Adultery, which is the most commonly sought reason for a fault divorce, is unfortunately not a rare phenomenon. Although it is a truly painful betrayal, it is not sufficient to sway the court’s decisions in nearly all cases.

In fact, in most instances, probably about 99% of cases, the only reward for filing a fault divorce is the personal satisfaction of proving to the world that you were wronged. In the overwhelming majority of cases, claiming fault will not impact the judge’s determination of alimony, child custody, or equitable division. Moreover, in claiming fault, you must air the personal details of your life, which many people do not feel comfortable doing. 

Now, the other 1% of cases are situations where you have been permanently and irreparably harmed and a fault-divorce is useful. This can include a situation where your spouse abused you and caused lasting physical damage, your spouse gave you an incurable sexually transmitted disease or infection, or your spouse caused you permanent and severe mental trauma, etc. In these extreme and rare cases, the judge will take fault into consideration. Outside of these, a no fault divorce is the better choice.

No-Fault Divorce

This is the ideal option for a couple that has irreconcilable differences and neither party really did anything drastically wrong. 

Irreconcilable differences just means that there is no chance you guys will get back together, and no amount of mediation or marriage counseling can fix that. There is no blame, which means that neither party has to air their dirty laundry or expose any embarrassing facts to the court. 

Not only does this option respect both parties’ privacy, but it is typically much easier and healthier for the children. 

There are four main requirements to file for no-fault divorce in N.J.

1. You or your spouse have resided in NJ for 12 consecutive months.
2. You have experienced irreconcilable differences for at least six months.
3. The irreconcilable differences have severely caused a breakdown of the marriage that appears the marriage should end.
4. You have no reasonable chance of reconciliation.

*Another way to file for a no-fault divorce is to demonstrate to the court that you and your spouse have lived separately for at least 18 months and there is no chance of reconciliation.

Fault Vs. No-Fault Divorce: Which is better?

While New Jersey allows both types of divorce, the most common is overwhelmingly the no-fault divorce. In either type, the court’s focus is on the equitable distribution of assets, the best interests of any children involved, and expediency. 

It’s vital to speak with us about your divorce before you take the first steps.