Arons & Solomon Divorce Lawyers | September 24, 2024 | Divorce
As one of 17 true no-fault divorce states, New Jersey offers married couples the option to use irreconcilable differences as grounds for a divorce. Because it does not require one spouse to accuse the other spouse of ruining the marriage — and then to prove it — it can help streamline the divorce process. But what does irreconcilable differences mean?
New Jersey’s Nine Grounds For Divorce
New Jersey courts recognize nine grounds for divorce. They are:
- Adultery
- Willful and continued desertion for 12 or more months
- Extreme cruelty, physical or mental
- Separation, requiring spouses to live apart for at least 18 consecutive months
- Voluntarily induced addiction or habituation to a narcotic drug
- Institutionalization for mental illness for 24 or more consecutive months
- Imprisonment for 18 or more consecutive months
- Deviant sexual conduct
- Irreconcilable differences
The law further specifies that irreconcilable differences must have caused the breakdown of the marriage for at least six months, with no reasonable prospect of repairing the relationship. However, the law does not explain what constitutes irreconcilable differences.
“Irreconcilable Differences” Explained
Not all no-fault divorce states use the term “irreconcilable differences.” Some use incompatibility, irremediable, or an irretrievable breakdown of the marriage. But the meanings are similar: The marriage has broken down, and there’s no chance that it can be saved.
What can cause a marriage to break down? At the most basic level, married couples may reach a point when they no longer get along or have grown too far apart. But conflicts can arise in a marriage that push a couple to the brink, urging them to file a divorce. Here are five frequently cited conflicts that lead to an irreconcilable differences-based divorce.
To Have Or Not to Have Children
When a marriage begins, a couple often discusses the issue of having children or not, even settling on how many. Over the course of the relationship, one spouse may change their mind on expanding the family.
Raising Children
Each spouse enters the marriage with their own views on how to raise children, usually based on how they were raised. These views can clash.
Lifestyle Change
A lifestyle change could be one spouse losing or quitting their job and showing little intention of seeking employment. It could also be a job schedule change that decreases the amount of time the couple spends together.
Finances
Money is one of the top catalysts for marital discord. Disagreements arise on expenses, savings, and debt. If only one spouse has an income, disputes may become routine. Some spouses hide money or buy expensive items without disclosing the purchases.
Lack Of Intimacy
After the honeymoon stage ends, intimacy may begin to wane. When children are brought into the family, it may decline further. A lack of sexual intimacy may cause one spouse to feel rejected and lonely, causing them to seek an end to the marriage.
In most cases, the courts will not ask a couple to explain the differences that made the marriage irreconcilable. Nor will an explanation affect the divorce settlement, whether it’s child support, spousal support, or both.
Criteria For A No-Fault Divorce
To qualify for a no-fault divorce in New Jersey, residents must meet a few requirements. They include:
- One spouse has lived in New Jersey for 12 consecutive months before filing
- One spouse experienced irreconcilable differences for six months
- The irreconcilable differences are the reason for the divorce
- At least one spouse is certain the marriage can’t be reconciled
Some differences may be reconciled if a couple dedicates effort to smoothing out the conflicts. But many don’t. When there’s no willingness to compromise on major life issues such as having children, a divorce is an option and can be obtained relatively quickly in New Jersey under no-fault grounds.
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