At Graves Andrews, LLC, we know that every divorce is different. Every client walks through our doors with different reasonings for filing in the first place and different outcomes they wish to end with. Such variations may originate from their initially having fault or no-fault grounds for divorce. But no matter which path you choose at this fork in the road, we are here to support you. Continue reading to learn whether you should cite fault or no-fault grounds and how an experienced Morris County divorce lawyer at Graves Andrews, LLC can guide you in serving these papers.
Should I cite fault grounds for my divorce?
Notably, New Jersey is one of the 17 states, plus the District of Columbia, to allow for fault grounds divorces. This divorce type sees a petitioning spouse file for divorce by citing matrimonial offenses. That said, such matrimonial offenses that may constitute a fault-based divorce include the following:
- The spouse served with a divorce may have been caught committing the act of adultery.
- The spouse served with a divorce may have been in prison confinement for an extended period.
- The spouse served with a divorce may have been in a rehabilitation center or mental health facility for an extended period.
- The spouse served with a divorce may have abandoned the petitioning spouse and their shared child for an extended period.
- The spouse served with a divorce may have been physically, mentally, or emotionally cruel to the petitioning spouse and their shared child.
With this considered, you may be partial toward citing fault grounds for your divorce if you are fighting for the well-being of yourself and your child. For example, say that you cite your spouse’s substance abuse issue, mental health issue, or history of domestic violence. In this case, the New Jersey family court may not grant them a favorable child custody order, if anything at all.
In the end, citing fault grounds requires the right kind of evidence to present to the judge. Luckily, our team knows exactly what you need.
Under what circumstances should I cite no-fault grounds for my divorce?
On the other hand, a no-fault divorce is one in which neither you nor your spouse are exactly to blame for the breakdown of your marriage. Specifically with this, you may cite irreconcilable differences or separation.
Irreconcilable differences may mean that you and your spouse may no longer get along and you find no reasonable prospect for reconciliation. Further, you must prove that you and your spouse have been battling these differences for at least six months. Then, citing separation requires you to prove that you and your spouse have been living in different homes for at least 18 consecutive months. Further, you must argue that there is no reasonable prospect of moving back in together.
All in all, you may favor a no-fault divorce if this is a rather mutual split between you and your spouse. This is especially the better option if you and your spouse wish to remain amicable for the sake of your shared children.
Rest assured, our team at Graves Andrews, LLC has experience in handling cases just like yours. So please do not be afraid to reach out to a skilled Morristown family law attorney.
