Arons & Solomon Divorce Lawyers | March 18, 2025 | Divorce in Hackensack, NJ
Divorce can be complicated, and in New Jersey, you have options when filing. Some people choose a no-fault divorce, which means neither spouse is blamed for the marriage ending. Others choose a fault divorce, where one spouse claims the other is responsible for the breakup. Understanding how these options work can help you make the right choice for your situation.
If you are considering filing for divorce in Bergen County, NJ, knowing the difference between these two types of divorce is important. A fault divorce requires proof of wrongdoing, which can make the process longer and more expensive. However, it may be the right choice if your spouse’s actions have negatively impacted you or your family.
What Is a Fault Divorce?
A fault divorce happens when one spouse claims the other did something that led to the end of the marriage. Unlike a no-fault divorce, which simply states that the marriage cannot be fixed, a fault divorce means one spouse is legally blamed for the separation. Because of this, the spouse filing for divorce must prove their claims in court.
Grounds for a Fault-Based Divorce in New Jersey
New Jersey law allows spouses to file for a fault divorce for specific reasons, including:
- Adultery – If one spouse has been unfaithful, the other may file for divorce on the grounds of adultery.
- Extreme Cruelty – Physical or emotional abuse that endangers the health or safety of a spouse is considered extreme cruelty.
- Desertion – If one spouse has abandoned the other for at least 12 months without justification, it may qualify as desertion.
- Addiction – Drug or alcohol abuse that negatively affects the marriage can be grounds for divorce.
- Imprisonment – If a spouse has been in jail for at least 18 months, the other spouse may file for divorce.
- Institutionalization – If a spouse has been confined to a mental institution for at least 24 months, it may be grounds for divorce.
To succeed in a fault divorce, you must provide evidence, which can include witness testimony, financial records, or other documentation.
How a Fault Divorce Affects the Outcome
Filing for a fault divorce can affect the results of your case in several ways:
- Alimony – The judge may award more spousal support to the spouse who was wronged, especially if the other spouse’s behavior caused financial harm.
- Division of Assets – While New Jersey follows equitable distribution laws, a spouse’s misconduct may influence how assets are divided.
- Child Custody – If one spouse’s actions negatively affected the children, it may impact custody decisions.
A fault divorce may help one spouse receive a better outcome, but it often takes longer and costs more in legal fees.
Fault Divorce vs. No-Fault Divorce
A no-fault divorce is usually faster and less stressful than a fault divorce. In New Jersey, couples can file for a no-fault divorce based on irreconcilable differences, meaning they cannot fix their marriage.
To qualify for a no-fault divorce, spouses must prove:
- They have had irreconcilable differences for at least six months.
- There is no reasonable chance of fixing the marriage.
Many couples prefer a no-fault divorce because it avoids conflict and reduces legal costs.
Should You File for a Fault Divorce?
Choosing between a fault or no-fault divorce depends on your situation. A fault divorce may be best if your spouse’s actions caused you harm or financial difficulties. However, if you want a quicker and less stressful process, a no-fault divorce may be the better option.Speaking with a divorce attorney can help you decide which type of divorce is right for you. If you are considering divorce in Bergen County, NJ, understanding your legal options is key to making the best decision for your future.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States