What is no fault divorce in NJ?

What does no-fault divorce mean in NJ?

Under New Jersey law, there are no-fault divorces and fault-based divorces, and there are contested and uncontested divorces. No-fault divorce means a Judge will end the marriage due to the, Separation of the parties (you and your spouse have been living in different places for at least 18 consecutive months), or.

How long does a no-fault divorce take in NJ?

If you and your spouse are cooperative and reasonable and the defendant spouse replies quickly when served, the divorce process can be finalized in as little as six to eight weeks. This is called an uncontested divorce in NJ.

Is there no-fault divorce in NJ?

The law now allows for a true no-fault divorce based on either spouse claiming irreconcilable differences. … You or your spouse must have lived in New Jersey for 12 consecutive months before the filing of the divorce complaint. You and your spouse must have experienced irreconcilable differences for six months.

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What is the difference between seeking a no-fault divorce and a fault divorce?

The difference between a fault and a no fault divorce is the grounds for the divorce. In the first case, the spouse filing the divorce claims the other spouse is responsible for ruining the marriage, while in the other case no blame is placed on either party. State laws vary greatly.

Is New Jersey a 50/50 divorce state?

New Jersey is an equitable distribution state which means that, in the event of a divorce, the marital property is not automatically split 50-50. … In addition, if separate property is improved during the marriage, it may also become marital property.

What is a wife entitled to in a divorce in NJ?

A court can consider a spouse’s respective ability to pay, the duration of the marriage, the age and health of the parties, the marital standard of living, earning capabilities and employability, and equitable distribution of marital property when determining alimony.

What is considered abandonment in a marriage in NJ?

Abandonment is one of the fault-based grounds available in New Jersey, but it requires that the spouse alleging abandonment prove the following: 1) you have been living apart from your spouse for at least a year; 2) your spouse did not agree to the separation; 3) your spouse did not cause the separation; and 4) you did …

Does it matter who files for divorce first in NJ?

To begin your divorce process, either you or your spouse must file a divorce complaint with the court. The one who files is named the Plaintiff, and the other spouse will be the Defendant. No, it does not matter who filed for divorce first, in New Jersey, and it does not matter who is Plaintiff and who is Defendant.

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Who gets the house in a divorce in NJ?

In most cases, houses are considered marital property. Even when one spouse purchases a home and the other moves in afterward, if that spouse can prove that he or she contributed significantly to the home, either monetarily or otherwise, that spouse may receive the marital home in the divorce.

How do I get a no-fault divorce in NJ?

In New Jersey, the no-fault grounds for divorce require that the parties have been separate and apart for 18 consecutive months, indicating there is no reasonable prospect of reconciliation. Note, the courts in NJ also refer to divorce as “dissolution.”

How long after divorce can you remarry in NJ?

You may wonder when you are able to remarry after your divorce. In New Jersey, you are free to remarry at any point after your divorce is final. However, you must be certain your divorce is actually official and final. It is not final until the judgment of divorce is signed by the Judge.