When you decide to get a divorce in New Jersey, one of the decisions that you would need to make is what grounds for divorce you will pursue. New Jersey offers a variety of options, including no-fault grounds. Here, there is nobody who was to blame for what happened in the marriage. It is generally preferable to file for divorce under no-fault grounds. If you find out that your spouse has committed adultery, you can certainly seek a divorce for irreconcilable differences between you and your spouse.
Irreconcilable Differences Has a Very Broad Meaning Under New Jersey Law
It does not take much to prove irreconcilable differences in a New Jersey divorce. All it means is that the couple has differences in their marriage that they cannot resolve, and they have not been able to do so for a period of at least six months. You do not even need evidence that one spouse did something wrong for the court to grant a divorce on these grounds. You could even argue irreconcilable differences for things such as religious or political differences.
In other words, irreconcilable differences are a sort of catch-all ground for any type of no-fault divorce in New Jersey. While there are fault grounds for divorce in New Jersey, there is nothing that says that you have to file for divorce under one of them. You can simply file for divorce for irreconcilable differences and initiate the process. Infidelity is certainly something that could fall under an irreconcilable difference because it is a fundamental breakdown in the marriage.
Can I File for Divorce for Irreconcilable Differences Immediately?
The only catch is that you would need to wait a certain period of time before you can file for divorce for irreconcilable differences in New Jersey. For instance, you would not be able to file for divorce for irreconcilable differences the moment that you learn of your spouse’s affair. Regardless, you should not file for divorce immediately anyway, without prior preparation. During this waiting period, you could either attempt to resolve the differences with your spouse or begin to get ready for a divorce. You could hire a divorce attorney to commence your own preparations, and you can even begin to try to negotiate a possible divorce agreement. This way, you may be closer to a position where you can actually file for divorce when the six-month period elapses.
In many cases, you may learn of the infidelity after your marriage has already been undergoing a breakdown. Then, you may be closer to the time period where you can actually file for divorce for irreconcilable differences.
Should I Still Try to Prove the Fault Ground of Adultery?
In reality, there is little upside to you in trying to prove fault as a ground for divorce. New Jersey uses principles of equitable distribution to determine how property is to be divided among the spouses in a divorce. Fault in the divorce is not a factor that the court would consider. The only way that adultery would impact how the property is to be divided is when one spouse dissipates marital assets in support of their affair. The same thing goes for spousal support. Alimony only considers the income differential between the spouses, and infidelity does not come into play. Proving adultery would come at an emotional and financial cost, and there is little benefit to doing it in the divorce process. You could have your divorce completed in what is likely less time and without a difficult hearing in court if you simply filed under a no-fault ground.
Contact the Marlton Divorce Lawyers at Burnham Douglass Today for Help with Your Divorce
If you are contemplating the end of your marriage, get legal help from the Marlton divorce lawyers at Burnham Douglass as soon as possible. Our divorce lawyers are standing by and ready to help you. Schedule an appointment to speak with one of our attorneys during a free initial consultation by calling us today at 856-751-5505 or contacting us online. We have offices in Marlton and Northfield, New Jersey, and we serve clients in South Jersey-Marlton, Evesham Township, Cherry Hill, Camden County, Burlington County, Northfield, and Atlantic City.