In a no-fault divorce, neither spouse needs to prove fault or wrongdoing by the other party. Instead, they simply demonstrate that their marriage has experienced a breakdown due to unresolved conflicts, known as ‘irreconcilable differences.’

These issues are significant enough to cause a marriage to break down beyond repair. When one or both partners believe that these differences cannot be resolved, they may cite that as the reason for seeking a no-fault divorce.

What Are Some Common Examples of Irreconcilable Differences?

Here are the most common examples of irreconcilable differences:

  • Communication Problems: Poor communication can cause misunderstandings, resentment, and frequent arguments. When spouses cannot effectively share their thoughts, needs, or emotions, it may lead to a persistent disconnect that erodes the relationship.
  • Financial Disagreements: Disputes over spending, saving, debt, or financial priorities can create significant stress in a marriage. If spouses have fundamentally different approaches to managing money, the conflict may grow over time, becoming a major source of tension.
  • Parenting Style Conflicts: Raising children involves making important decisions about discipline, education, and values. When spouses have different parenting philosophies or disagree on how to raise their children, the resulting tension may strain the marriage.
  • Lifestyle Differences: If one spouse adopts a new lifestyle and the other does not share the same interests, it can lead to feelings of incompatibility.
  • Emotional or Physical Distance: Emotional or physical distance can develop when one or both spouses feel neglected or unloved. This may result from busy schedules, lack of intimacy, or shifting priorities.
  • Career Conflicts: Disputes over career choices, work-life balance, or frequent job changes can lead to disagreements that may damage the relationship.
  • Substance Abuse or Addiction: When one spouse struggles with substance abuse, the resulting behavior changes can lead to trust issues, financial strain, and other conflicts that may be difficult to resolve.

How Do I Get a No-Fault Divorce in New Jersey?

In New Jersey, obtaining a no-fault divorce based on irreconcilable differences is a straightforward legal process. First, one spouse must file a complaint for divorce in the appropriate family court. This complaint must state that the marriage has been irretrievably broken and that the parties have experienced irreconcilable differences for at least six months. This timeframe is necessary to demonstrate that the issues are significant enough to warrant divorce.

Once the complaint is filed, the other spouse will receive a copy and have the opportunity to respond. If both parties agree on the terms of the divorce, such as asset division, alimony, and child custody arrangements, they can work together to create a settlement agreement. This agreement is submitted to the court for approval. If both spouses cannot agree, the case may proceed to mediation or court hearings to resolve the disputes.

Ultimately, if the judge is satisfied with the documentation and the terms are deemed fair, a final judgment of divorce will be granted. This no-fault divorce option allows couples to end their marriage without attributing blame.

What Are Grounds for a Fault-Based Divorce in New Jersey?

Fault-based divorce in New Jersey can be pursued on several specific grounds, including:

  1. Adultery: Engaging in sexual relations outside the marriage.
  2. Cruelty: Inflicting physical or emotional harm, making the marriage intolerable.
  3. Desertion: Abandoning the spouse for at least a year without consent.
  4. Addiction: Struggling with substance abuse that negatively impacts the marriage.
  5. Imprisonment: Being incarcerated for 18 months or more.
  6. Institutionalization: Committing a spouse to a mental health facility for a continuous period.

Our Marlton Divorce Lawyers at Burnham Douglass Can Help You with Your Divorce Needs

If you are considering divorce on any grounds, a skilled Marlton divorce lawyer from Burnham Douglass can guide you through the process. For a free consultation, call our Marlton and Northfield, New Jersey, offices at 856-751-5505 or contact us online. We serve clients in South Jersey, including Evesham Township, Cherry Hill, Camden County, Burlington County, and Atlantic City.