If you are getting a divorce in the state of New Jersey and if you have contacted a divorce lawyer for assistance, you may have already heard about the “no-fault” rule. “No-fault” divorces are common in many states but New Jersey is not entirely a “no-fault” state, so it is important to understand what this piece of legislation means.
A “no-fault” divorce is one that is based on “irreconcilable differences.” In New Jersey, you can cite the dissolution of a marriage on irreconcilable differences if you and your spouse have being living together for at least 12 months consecutively, have experienced irreconcilable differences for at least six of those months, and have come to the conclusion that your relationship cannot be reconciled.
“No-fault” divorce is something that really benefits children of parents who choose to get divorced, because it allows parents to separate without putting blame on one person. Although only two out of 10 divorces in the U.S. are bilateral, meaning both parents agree to and want the divorce, it is common for parents to want to put their own sentiments aside once a divorce case becomes inevitable simply to make the process easier on their kids. Around 1.5 million children in the U.S. experience a divorce each year, and when the average divorce lasts about 12 months, it can become very taxing on the children.
By reaching a divorce settlement where neither parent is technically “to blame,” children may have an easier time dealing with the split. Simply hearing that one parent is “at fault” for the divorce can make it difficult for kids to understand what is happening and to maintain a positive relationship with both parents. Divorce lawyers often recommend “no-fault” divorces when the parents pursue mediation instead of a traditional courtroom settlement.
In New Jersey, parents can choose a “no-fault” divorce if the grounds for the divorce are irreconcilable differences. If either parent cites a different reason for pursuing the divorce, the case will not be considered a “no-fault” divorce case.
If you and your spouse wish to pursue a “no-fault” divorce, it is important to contact a divorce lawyer to go over the specifics.