There are two ways in NJ you can file for a divorce without alleging "fault" on behalf of either spouse. They are:
(1) Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation;
(2) Living separate and apart for 18 months and no reasonable prospect of reconciliation.
Even if these apply, many attorneys will still allege grounds that require "fault" because it is better to allege them and not need them than the other way around. However, if the spouses can agree on everything before the filing of the documents, then there may be no need for any more complicated pleadings.
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About Me
- Carl Archer
- I am an elder law attorney with my own solo practice. I'm located in central New Jersey but I make house calls. I am in the business of setting the elderly and their caregivers at ease, by making sure they have high-quality health care they can afford, and governmental benefits they're entitled to.