New Jersey law recognizes both no-fault and fault-based divorces. According to N.J.S.A. 2A:34-2, either spouse may file for divorce when specific grounds exist, or when the marriage has irretrievably broken down due to irreconcilable differences.
In a no-fault divorce, the filing spouse does not need to prove wrongdoing. The most common no-fault ground is irreconcilable differences, meaning the couple’s relationship has been broken for at least six months with no reasonable chance of reconciliation.
In contrast, a fault-based divorce requires proof that one spouse’s misconduct caused the breakdown of the marriage. While fault-based filings can sometimes impact settlement negotiations, most couples in New Jersey today choose the no-fault route to streamline proceedings and maintain privacy.
The two primary no-fault grounds in New Jersey are:
Irreconcilable differences (N.J.S.A. 2A:34-2(i)):
This is the most frequently cited ground. You must show that the marriage has been broken for at least six months, with no reasonable prospect of reconciliation.
Separation (N.J.S.A. 2A:34-2(d)):
This applies if spouses have lived separately, in different residences, for at least 18 consecutive months, and there is no reasonable expectation of resuming the marital relationship.
Filing under no-fault allows couples to avoid public discussions of personal issues or allegations, which can make the process faster and less adversarial.
While less common, fault-based divorces remain an important part of New Jersey family law. Under N.J.S.A. 2A:34-2, the following are recognized as legal fault grounds:
Adultery
Desertion for 12 or more months
Extreme cruelty (including physical or mental abuse)
Addiction or habitual drunkenness
Institutionalization for mental illness for at least two years
Imprisonment for 18 months or longer
Deviant sexual conduct without consent
Proving fault can be challenging and emotionally taxing, but in certain cases—such as when one spouse’s behavior directly affected the family’s finances or emotional well-being—it may influence court decisions on alimony, custody, or equitable distribution.
Choosing between a fault or no-fault filing depends on your specific circumstances and goals.
A no-fault divorce is generally more straightforward and less contentious. It helps avoid a trial over personal accusations and allows both parties to focus on equitable resolutions regarding property, custody, and support.
However, fault-based grounds can sometimes offer strategic advantages. For example, a spouse may raise fault grounds when:
There was significant financial misconduct, such as gambling away marital assets.
Domestic violence occurred, affecting the safety and welfare of the family.
The wrongdoing directly influenced the marriage’s economic stability or parenting dynamic.
Atkins, Tafuri, Minassian, D’Amato, Beane & Miller help clients carefully weigh these options, ensuring that legal strategy aligns with both short-term goals and long-term interests.
The choice of grounds can influence how the case proceeds, but not necessarily the ultimate distribution of property. Courts in New Jersey prioritize equitable outcomes rather than punishing misconduct (N.J.S.A. 2A:34-23.1).
That said, the grounds may impact certain decisions:
Alimony: A spouse’s abusive or reckless conduct may influence the court’s consideration of fairness in awarding support.
Custody: Allegations of cruelty, substance abuse, or criminal behavior may be relevant in determining a child’s best interests (N.J.S.A. 9:2-4).
Settlement leverage: Demonstrating clear evidence of fault can shift negotiation dynamics, especially in cases involving emotional or financial harm.
Our attorneys approach each case with a balance of sensitivity and strategic foresight—protecting your dignity while advancing your interests.
To initiate a divorce, the filing spouse (the “plaintiff”) must submit a Complaint for Divorce in the Superior Court of New Jersey, Chancery Division, Family Part, in the county where either spouse resides. The complaint must state the grounds—fault or no-fault—and outline requested relief such as custody, alimony, and property division.
After filing, the other spouse (“defendant”) is served with the papers and has an opportunity to respond. Most divorces proceed through negotiation, mediation, or case management conferences before any trial is necessary.
Atkins, Tafuri, Minassian, D’Amato, Beane & Miller guide clients through every phase of this process, from filing to final judgment, ensuring all procedural and statutory requirements are met.
For no-fault divorces, the six-month period of irreconcilable differences must be met before filing. For fault-based cases, there is generally no waiting period, though certain grounds (such as desertion or imprisonment) have their own minimum duration built into the statute.
On average, uncontested divorces in New Jersey may conclude within several months, while contested or high-asset cases may take a year or more, depending on complexity.
Our N.J. divorce attorneys provide individualized representation rooted in decades of family law experience. We understand that divorce is not merely a legal process—it’s a major life transition.
We approach every case with discretion, compassion, and clarity, helping clients:
Determine the most appropriate legal grounds for their situation
Protect financial and parental interests
Pursue amicable settlements or, when necessary, litigate assertively in court
When your marriage reaches a crossroads, we’re here to guide you toward the next chapter with confidence and legal strength.
To schedule a consultation with one of our New Jersey lawyers, call us at 201.967.5060 or contact us online. We serve clients in Wyckoff, Hackensack, Ridgewood, Paramus, Tenafly, Teaneck, Englewood, Closter, Cresskill, Demarest, Fairlawn, all of Bergen County, New Jersey. We are conveniently located at 887 Kinderkamack Road, #3, River Edge, NJ 07661.
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