Husband and wife frustrated on a couch

What are Irreconcilable Differences? & The Part They Play in Divorce

The state of New Jersey allows spouses to file for divorce without the basis of fault, where the spouse filing for divorce does not have to prove any wrongdoing on the part of the other spouse. This can simplify the divorce process by eliminating harsh allegations and alleviating tensions between spouses for a fair and equitable divorce. Irreconcilable differences are how New Jersey couples can achieve this.

What are Irreconcilable Differences?

In the event of a no-fault divorce, irreconcilable differences mean you and your spouse have been experiencing issues in your marriage for at least six months that do not have the ability to be worked out. In order to be granted this type of divorce, there are some requirements that need to be met:

  • You or your spouse must have lived in New Jersey for at least one year prior to the divorce complaint.
  • Both you and your spouse must have experienced irreconcilable differences for at least six months.
  • You and your spouse reasonably believe you will not be able to reconcile your differences.
  • Both you and your spouse believe your marriage should be terminated due to these differences.

Irreconcilable Differences in Divorce

No-fault divorces under the grounds of irreconcilable differences are some of the most common forms of divorce in New Jersey.

The state usually encourages couples to pursue no-fault divorces. They give you and your spouse the opportunity to negotiate, which can be useful when determining the best course of action for issues such as complex custody and asset distribution situations. At-fault divorces, where one spouse wanted to terminate the marriage due to actions such as abuse, neglect, or adultery, have a tendency to create long and difficult divorce proceedings.

How Burnham Douglass Attorneys At Law Can Help

We understand exactly what is at stake when you are readying for divorce. Your assets, your way of life, and possibly even your child(ren) are closely examined by the court, and having an experienced divorce attorney in your corner can make all the difference in the outcome of your case. That’s why we are committed to providing experienced representation to make sure the outcome is fair and in your favor.

If you wish to learn more about your options in a divorce, do not hesitate to contact us today through our website or give us a call at (856) 512-1461 to schedule your free consultation!