If you are considering filing for divorce in New Jersey, there are countless things to consider. A big consideration is whether to pursue a no-fault or at-fault divorce. While an at-fault divorce can benefit many, it also often means a more drawn-out process that benefits significantly from the help of a New Jersey divorce attorney.
What Is the Difference Between Fault-Based and No-Fault Divorce in New Jersey?
As you go through the divorce process in New Jersey, you’ll likely encounter the terms no-fault and fault-based divorce. While both ultimately lead to the end of a marriage, they differ significantly in how they’re pursued.
A no-fault divorce is the more common route and typically involves citing irreconcilable differences—meaning the marriage has been broken beyond repair for at least six months. In this case, neither spouse is blamed for the breakdown of the relationship.
In contrast, a fault-based divorce requires the filing spouse to prove specific grounds for divorce. These may include adultery, extreme cruelty, abandonment, substance abuse, or imprisonment. Although fault generally doesn’t influence property division, it can play a role in other aspects of the divorce decree, such as alimony or child custody determinations.
Reasons to Pursue a Fault-Based Divorce
Choosing a fault-based divorce in New Jersey is not an easy decision and can evoke strong emotions, but it can also offer strategic advantages in certain situations. This approach is often pursued when serious misconduct, such as abuse or infidelity, has led to the marriage’s breakdown.
Here are a few reasons:
Infidelity
If you’ve discovered messages or other convincing evidence that your spouse has been unfaithful, you may feel a strong need for acknowledgment and accountability. Pursuing a fault-based divorce on the grounds of infidelity can provide a sense of validation by formally recognizing your spouse’s actions as the cause of the marriage’s breakdown. If you have solid proof, this route may offer both emotional closure and legal clarity.
Addiction
Addiction to drugs and alcohol can serve as grounds for a fault-based divorce if the addiction has persisted for at least 12 consecutive months prior to filing. If you have children, courts may limit the custody or visitation rights of the addicted spouse to protect children’s welfare.
Additionally, if marital assets were depleted due to the addiction, the court might adjust asset division to compensate the non-addicted spouse. While pursuing a fault-based divorce can impact settlements, it often requires substantial evidence and may lead to more contentious proceedings.
Intimate Partner Violence
If you are experiencing intimate partner violence, it may help you to pursue a divorce on the grounds of cruelty or abuse. The public validation may be emotionally healing, but many survivors pursue this in the hopes of avoiding delays that may occur in no-fault divorces, such as the 6-month period for irreconcilable differences.
Additionally, securing an at-fault divorce may provide evidence necessary for other legal matters surrounding the abuse. Though an at-fault divorce in itself does not affect child custody rulings, in cases of domestic violence or addiction, or any reason that may put a child or minor at risk, the process may provide the evidence necessary for supervised or limited visitation if you have children.
How Fault-Based Divorce May Be the Best Option
Pursuing an at-fault divorce will almost certainly increase the conflict and stress in what may otherwise be a relatively straightforward process. However, it can be beneficial for the innocent spouse in a few circumstances.
The first consideration for many is whether a fault-based divorce will benefit them in a prenuptial or postnuptial agreement. If you have an enforceable fidelity clause in your agreement, this may mean you come out with more favorable conditions after a divorce if you can establish your partner was cheating.
Second, even if you do not have established terms in a prenuptial agreement, a judge may consider that one person was responsible for the divorce in the final decree for alimony or spousal support, which may still favor the innocent spouse.
Weighing the Pros and Cons of Fault-Based Divorce
While fault-based divorce in New Jersey can provide emotional validation and potential legal advantages, it also comes with greater complexity, longer timelines, and the burden of proof. For some, especially those affected by infidelity, abuse, or addiction, this path offers a meaningful way to hold the other party accountable.
However, it’s not the right choice for everyone. If you’re considering this route, consulting with an experienced New Jersey divorce attorney is essential to help you evaluate your options, gather the necessary evidence, and protect your rights throughout the process.
Contact an Experienced Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
