No-Fault Divorce

In a No Fault Divorce a dual judgment of divorce can be granted without the Court taking testimony from either spouse on any of the grounds for divorce. Fault grounds, which can still be used, consist of extreme cruelty, abandonment, adultery, imprisonment, etc.

Today most states will grant a No Fault Divorce. For example, in New Jersey, the grounds for divorce were debated for many years, however, today a divorce can be granted after a married couple is continuously separated for 18-months or after only 6-months if there are irreconcilable differences. Most states that grant no-fault divorce do impose waiting periods similar to that in New Jersey. The reason that some parties still choose to file for a traditional fault divorce is usually because, by doing so, they may be able avoid these waiting periods.

Regardless of whether the spouses seek a fault or no-fault divorce, the Court will still decide on property rights, alimony, visitation rights and child support. Obviously, even if spouses agree that they want to be divorced, they may still disagree about related issues, such as the division of property, alimony payments, etc. Unless a settlement is reached, the court will make a decision after a hearing which will then be set forth in a Court order. In some cases a mediator can help the divorcing couple resolve disputed issues related to the dissolution of the marriage.

Mandatory parents’ education programs have also been created in New Jersey to help make it easier for the children to cope with a divorce.

Today, depending on your locale, a divorce judgment can be obtained in as little as three months. Although most divorces do take longer. In New Jersey a divorce can still be granted even when the husband or wife can not be found and even if one spouse is not a resident of the State.

Regardless of fault, in New Jersey, upon divorce a wife can assume her maiden name, if she chooses, so long as this is stated in the Court’s divorce Order.