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How to File Divorce Based on Irreconcilable Differences in New Jersey

Hands of wife, husband signing decree of divorce, dissolution, canceling marriage, legal separation documents, filing divorce papers or premarital agreement prepared by lawyer. Wedding ring

New Jersey, like most other states, no longer requires the parties to prove “fault” in order to obtain a divorce. Instead, either party can pursue a no-fault divorce by citing “irreconcilable differences,” the legal jargon that refers to modern no-fault divorce. Even for a no-fault divorce, however, there are specific requirements that must be met. Continue reading to learn how to file a no-fault divorce in New Jersey, and reach out to a seasoned New Jersey divorce attorney for help with a New Jersey family law matter.

What Are “Irreconcilable Differences?”

Although New Jersey now permits no-fault divorce, parties seeking to file for divorce must still cite a “reason” for the divorce. Parties have several options for the grounds for divorce, including the previous grounds for fault divorce such as adultery, cruelty, desertion, and others.

As of 2007, parties are not required to prove fault. Instead, they can cite irreconcilable differences. Irreconcilable differences simply means that the parties have had significant marital problems for at least six months prior to filing and that these problems cannot be resolved. One party can file for divorce even if the other spouse objects.

Requirements for a No-Fault Divorce in New Jersey

In order to file for divorce based on irreconcilable differences in New Jersey, the parties must satisfy certain minimum requirements. These include:

  • Either spouse must have lived in New Jersey for 12 consecutive months before filing the divorce complaint
  • The parties must have experienced “irreconcilable differences” for at least six months before filing
  • The irreconcilable differences make it appear that the marriage should be terminated
  • There is no reasonable prospect that the parties will resolve their problems and reconcile

To obtain a divorce based on irreconcilable differences, one party simply needs to file a complaint for divorce, along with a summons to be served on the other spouse. The complaint must state at least the basics of the marriage (when and where the marriage occurred, length of the marriage, residence of the spouses), as well as the grounds for divorce (i.e., the parties have experienced irreconcilable differences for at least six months). Your New Jersey divorce attorney can help you fill out the proper forms and ensure that all legal details such as effecting service and proper filing are properly executed.

Help With Your No-Fault Divorce in New Jersey

If you need dedicated legal help with divorce, premarital agreements, child support, alimony, or other family law matters in New Jersey, contact the Union offices of family law attorney John B. D’Alessandro at 908-964-0102.

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