divorcing couple argument

You and your spouse may be clear on the fact that you wish to separate and dissolve your marriage. But what you may not know is that there are different routes for divorce to choose from. Namely, there is fault divorce and no-fault divorce. Follow along to find out the difference between the two and how a proficient Morris County divorce lawyer at Graves Andrews, LLC can lead you down the right path.

What is the difference between a fault divorce and a no-fault divorce?

First of all, a fault divorce is when one spouse cites that the other spouse did something that was ultimately the catalyst of your failed marriage. In other words, one spouse has “grounds” for divorce. Some common grounds for divorce are as follows:

  • One spouse has committed adultery.
  • One spouse has practiced deviant sexual conduct.
  • One spouse has practiced extreme cruelty toward the other.
  • One spouse has deserted the other.

On the other hand, a no-fault divorce is when you and your spouse simply cite “irreconcilable differences” as the reasoning behind your divorce. Some examples of irreconcilable differences are as follows:

  • You and your spouse have come to learn that you have opposing values or morals.
  • You and your spouse have come to learn that you have no shared interests or compatibility.
  • You and your spouse have come to learn that you have incessantly argued or aroused conflict.
  • You and your spouse have come to learn that you have trouble communicating.

Or, you may simply cite a separation for 18 months or more. Regardless, this option is made possible because New Jersey is considered a no-fault state.

Which type of divorce should I pursue?

Generally speaking, a no-fault divorce is the preferred route by couples. This is because it may allow the couple to remain amicable throughout the process, which is especially helpful if they must later foster a healthy co-parenting relationship for the sake of their shared children. What’s more, a no-fault divorce may be conducted using an alternative divorce method, such as mediation. This allows the couple to steer clear from the drawn-out and expensive legal process that is litigation.

Though ideal, a no-fault divorce is difficult to execute. This is because you and your spouse will have to agree on every divorce-related term at hand, including your child custody, child support, spousal support, and property distribution terms. The slightest contention may drive you and your spouse to a fight in litigation.

The bottom line is that, if you are considering a divorce from your spouse, you need a talented Morristown family law attorney in your corner. Call or send a message to Graves Andrews, LLC today. We look forward to hearing from you.