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What to Know About Irreconcilable Differences

selective focus of couple sitting at table with divorce documents

Every state in the U.S. now permits some form of “no-fault divorce.” No-fault divorce allows a party to obtain a divorce without proving that their spouse did something bad (adultery, abuse, abandonment, etc.). In New Jersey, when a party files for divorce, they must still choose a “grounds” for divorce, even if the ground is no-fault. The legal ground for a no-fault divorce in New Jersey is known as “irreconcilable differences.” While divorcing based on irreconcilable differences does not require proving fault by either party, there are still certain minimum requirements that must be met. Learn about irreconcilable differences under New Jersey law below, and reach out to a knowledgeable New Jersey divorce attorney if you need assistance with a New Jersey divorce or other matter of New Jersey family law.

What Are Irreconcilable Differences?

According to New Jersey law, irreconcilable differences mean that the married couple has been experiencing significant marital difficulties for at least six months and that these marital troubles cannot be resolved. The specific marital troubles do not need to be explained in the initial complaint, although common types of irreconcilable differences include: disagreement on financial matters; communication problems; lack of sexual intimacy; personality conflicts; loss of trust; differing socio-political opinions; and simply growing apart due to diverging life interests and goals.

What Are the Requirements for Divorce Based on Irreconcilable Differences in New Jersey?

A party must satisfy a few basic requirements in order to divorce based on irreconcilable differences. In New Jersey, the requirements for divorce based on irreconcilable differences include:

  • One or both spouses must have lived in New Jersey for 12 consecutive months before filing for divorce;
  • The couple must have been experiencing irreconcilable differences for at least six months before filing;
  • The irreconcilable differences make the parties believe that their marriage should be terminated; and
  • There is no reasonable belief that the parties can reconcile their marriage.

When you file for divorce based on irreconcilable differences, you do not need to go into detail about your marriage. Instead, you need only state the basics – where and when you were married, where you and your spouse reside, the fact that you have been experiencing irreconcilable differences for at least six months, that these differences have led to the marriage breaking down, and that you believe there is no reasonable possibility that you and your spouse will reconcile. Your New Jersey divorce attorney will make sure that you satisfy the base legal requirements for divorce based on irreconcilable differences in your filing.

Qualified Legal Help With Your New Jersey Divorce

If you need seasoned and savvy 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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