Hackensack County No-Fault Divorce Lawyer
If you are considering divorce, you may have questions or concerns about whether the actions of one or both parties in contributing to the breakdown of the marriage will affect the outcome of the divorce. An experienced Hackensack County no-fault divorce lawyer could help you understand your rights. Reach out to a knowledgeable divorce attorney to learn whether a no-fault divorce is the best option for your circumstances.
What Is a No-Fault Divorce?
While New Jersey state law formerly did not officially allow for no-fault divorce, divorcing parties in Hackensack may now cite irreconcilable differences as the reason for their separation. These differences are not based on the fault of either party. So long as one person files for divorce on the grounds of irreconcilable differences and one party lived in the state of New Jersey for the past 12 consecutive months, a couple can pursue a no-fault divorce in Hackensack with the help of a diligent attorney.
Citing irreconcilable differences requires that parties attest that they have dealt with irreconcilable differences for six months or more, before filing for divorce. It should be noted that the parties are not required to have lived separately during this time, and they may continue to reside together prior to the finalization of the divorce.
Benefits of No-Fault Divorce
A significant benefit of no-fault divorce is that it allows parties to go through the process of divorcing more amicably without having to allege wrongdoing on their spouse’s part. Accusing a spouse of bad actions simply to obtain a divorce can create unneeded animosity, as well as make matters such as co-parenting and dividing assets much more difficult.
Another advantage of pursuing a no-fault divorce in New Jersey is that it often takes less time since the process is not as contentious and consequently less likely to involve protracted litigation. Accordingly, most parties should be able to obtain a no-fault divorce within 12 months of filing their petition to the court.
However, an exception to this general rule could occur if a divorce is very complex or involves a great deal of wealth to be divided. Given the timeline for pursuing a successful no-fault divorce case, individuals should speak with a Hackensack attorney immediately.
No-Fault Divorce by Separation
A no-fault divorce based on separation in New Jersey requires parties to agree to a period of separation which then becomes the grounds for divorce. As a well-versed attorney could explain, no other grounds need to be cited when filing for a no-fault divorce based on separation.
Divorces based on separation take much longer than irreconcilable differences though since the parties are required to establish a separation of at least 18 months. They must also show that they reside in different houses—not simply different rooms in the same house—and establish for the court that there is no reasonable expectation they will reconcile.
While the courts try to finalize divorces within 12 months, no-fault separation typically involves parties who have separated before filing for divorce. The 18-month separation time-frame can sometimes run concurrently with divorce proceedings. An experienced no-fault divorce lawyer in Hackensack could help parties understand the terms of their separation and how the timeline can affect the resolution of the divorce.
Let a Hackensack No-Fault Divorce Attorney Help
No matter the circumstances that led to your divorce, a skilled Hackensack no-fault divorce lawyer could help you figure out whether or not a no-fault divorce is the right option for you. If you are interested in exploring your options in this regard, call today to set up an initial consultation.