Fault vs. No-Fault Divorce in NJ

As if understanding and navigating through a divorce is not already complicated and confusing enough in New Jersey, knowing how and what kind of divorce to file, fault or no-fault, can be perplexing. in 2007, New Jersey joined the majority of the other states in permitting its residents to file for no-fault divorces based upon irreconcilable differences. This change in the law afforded couples who were contemplating a divorce with a more expedient legal method of obtaining a divorce. Couples who file for a no-fault divorce, citing irreconcilable differences, simply have to allege that their marriage has broken down and that there is no reasonable expectation of a reconciliation. Before 2007, divorcing couples only had the option of filing for a fault based divorce, which means that one or both spouses had to allege that the other committed one of the statutorily enumerated harms or grounds for divorce against the other. Examples of these grounds include: adultery, physical abuse, willful desertion, continued drug or alcohol abuse, prolonged separation, and mental cruelty; amongst others, pursuant to N.J.S.A. 2A-34-2. Filing for a no fault divorce, citing irreconcilable differences, allows the parties to dissolve their marriage without being compelled to allege or defend against potentially embarrassing accusations. Further, if the parties choose to file for a no fault divorce they may avoid having to endure a lengthy trial which alleviates the emotional burdens that a trial could bring upon them, their children, and their families. All of the states currently allow couples to obtain a divorce based on either the no fault ground of irreconcilable differences or on the grounds of separation, but about two thirds of the states still recognize fault based divorces. These states allow a party to make fault based allegations against the other as the reason he or she is seeking to dissolve the marriage. Before any party considers whether he or she will seek a no fault or fault based divorce they should contemplate how each choice may affect them or their family. If you or someone you know is considering filing for a divorce in New Jersey you or they should seek out the advice of an experienced attorney. For more information about divorce, contested divorce, uncontested divorce, alimony, custody, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Unequal Rights For Civil Union Couples- No Irreconcilable Differences Grounds For Dissolution

It may come as quite a surprise to some that irreconcilable differences is not a ground for civil union dissolution in the state of New Jersey. This means that same sex couples who wish to dissolve their civil union must file under one of the statutory grounds for divorce. According to N.J.S.A. 2A:34-2.1 (2012) the only grounds that gay or lesbian couples seeking to dissolve their civil union can file under are the following: 1) voluntary sexual intercourse between a person who is in a civil union and a person other than the person's partner in a civil union; 2) willful and continued desertion for a period of 12 or more consecutive months; 3) extreme cruelty, which is defined as including any physical or mental cruelty that endangers the safety or health of the plaintiff; 4) separation, provided that the partners in a civil union couple have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; 5) voluntarily induced addiction or habituation to any narcotic drug; 6) institutionalization for mental illness for a period of 24 or more consecutive months subsequent to the establishment of the civil union; or 7) imprisonment of the defendant for 18 or more consecutive months after the establishment of the civil union. The aforementioned grounds are analogous to the grounds that can be filed for married couples who wish to end their marriage, except for the fact that irreconcilable differences is clearly not an option for couples in a civil union. This dramatically effects the dissolution process for same sex couples. Many married couples willingly choose to file for divorce under the ground of irreconcilable differences because it is a much more expedited process as neither party will bear the burden of having to prove the truth of one of the aforementioned grounds - which also leads to a much more emotionally-charged and contested process. Couples in civil unions do not have that luxury and therefore will have to prove the truth of one of the other grounds in order to dissolve the civil union which will complicated the process dramatically. This compels the party who wishes to dissolve the civil union to choose from those enumerated statutory grounds. For instance, if a party chooses to file for dissolution based on extreme cruelty, that party will have to present the court with evidence that he or she was mentally and/or physically abused by the other party. This may prompt the other party to defend him or herself thus igniting emotions and complicating and lengthening the duration of the litigation. Although gay couples may not have equal rights when it comes to marriage in NJ, they still face the same issues when a relationship ends including child custody, child support, alimony, equitable distribution and more. If you are considering or facing dissolution of your civil union you should consult an experienced civil union attorney to protect your rights and help you navigate the process. For more information regarding same-sex civil union dissolution,custody, alimony, divorce or other family faw matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.