New jersey no-fault divorce laws

If you need more formalized guidance, consider a trained mediator who is experience in all aspects of divorce and family law.

Separation Grounds Still Available

The mediator can help you and your spouse come up with a marital settlement agreement that works for your entire family, while advising you on what is reasonable and legal in New Jersey. This is not the case.

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The court looks at your marriage as a business and will divide assets and debts based upon what is equitable, not upon blame. However, if you believe that your spouse has spent marital money on an affair, it may be possible to recoup those monies in the divorce. Talk to a family law attorney if this is your situation, as it may be wise to file for divorce based on adultery in this case. Always consider at least a consultation with a qualified family law attorney in your area. Even if your divorce appears to have few or no issues, there may be issues that you have simply not considered.


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Or, your divorce may have begun on a amicable note, but has since become contentious or contested by your spouse. Thinking about divorce? Ready to file?

When you are ready, please contact us to schedule your free consultation with one of our skilled family law attorneys to get advice and guidance on your particular situation. Call us at How do I start filing for a divorce in New Jersey? Grounds for a New Jersey Divorce. Schedule a Free Strategy Session Now.

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Ask Now. There are some requirements to filing based on irreconcilable differences: You or your spouse must have lived in New Jersey for 12 consecutive months before the filing of the divorce complaint. You and your spouse must have experienced irreconcilable differences for at least six months before you can file. The irreconcilable differences make you both believe your marriage should be terminated.

Grounds for Divorce in New Jersey

There is no reasonable belief that you will reconcile your marriage. The two spouses then move into the part of the process where the details of the split are decided. Decisions on child custody and child support , spousal support, and property division become front and center. The length of the process depends on whether the divorce will be contested or uncontested. This can be a long and expensive process.

On the other hand, the spouses can engage in negotiations or mediation to come up with a workable solution for both sides.

No-Fault Versus Fault Divorce in New Jersey – FAQs | DivorceNet

This is the less costly and often quicker method. Once a settlement is reached, all the judge needs to do is sign off on it. If the divorce is contested, the judge will make a decision on all the issues once the trial is done and formalize it in a divorce decree. If uncontested, the parties will present a document marriage agreement, which is the negotiated divorce document, to the judge at a brief hearing to sign it.

After that, the divorce is final. Every case is different. Some couples split amicably.


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There are resources online for people who are looking to represent themselves in the divorce process. But if there disagreements on any of the issues, an experienced family law attorney may be the best way to get the outcome you want.

New Jersey Resources

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process.

Call us at or fill out our confidential contact form to schedule a consultation. The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship.