If you and your spouse want to divorce as quickly and inexpensively as possible while keeping things amicable, the best option is to pursue an uncontested, no-fault divorce with “irreconcilable differences” as the grounds.
In New Jersey, couples have two types of divorce to choose from: fault-based and no-fault divorce. Grounds for a fault-based divorce include desertion, extreme cruelty, adultery, addiction, and one spouse being institutionalized for mental illness. A no-fault divorce can be based on either separation (with an 18-month requirement) or irreconcilable differences.
A New Jersey divorce may also be contested and uncontested. Couples that agree on the terms of divorce can go through an uncontested divorce. With a contested divorce, the couple typically can’t agree on the grounds for the divorce, child or spousal support arrangements, parenting time, or asset and debt division. These kinds of divorce often go to trial.
If it’s not already clear, the least time-consuming (and costly) way to end a marriage in New Jersey is through an uncontested divorce based on irreconcilable differences.
Irreconcilable Differences: Key Points
To file for a no-fault irreconcilable differences divorce in New Jersey, the couple must meet four basic requirements:
- At least one spouse has lived in the state for at least 12 consecutive months prior to filing
- The couple has experienced irreconcilable differences for a minimum of six months
- The irreconcilable differences are the reason for the divorce
- The couple is certain that there’s no reasonable way to resolve their differences
If you file for a divorce based on irreconcilable differences, the court won’t ask for proof that one spouse committed a wrong, such as adultery or addiction.
Common “Differences” That Lead To Divorce
Although a New Jersey court may not ask you to explain the specific differences that you and your spouse consider irreconcilable, you may be interested to know what having “irreconcilable differences” actually means.
Irreconcilable differences, sometimes referred to as the “irretrievable breakdown” of a marriage, refers to the relationship deteriorating to the point of being beyond repair.
Here are some frequently cited differences that can cause a marriage to irretrievably break down:
- Home and work balance issues
- Conflicting communication styles
- Lack of sexual intimacy
- Personal habits and idiosyncrasies
- Conflicting political or religious views
- Debt problems that have become contentious
- Different approaches to raising or disciplining children
- Unequal sharing of household responsibilities
- In-laws or other family members that are too involved with the couple
- Outside friendships that drive the couple apart
A U.S. News & World Report article published in 2024 points out that irreconcilable differences are the most common grounds for a divorce in the United States. While the article notes many of the differences included in the previous list, it also mentions a few others: the spouses are no longer compatible, there’s a lack of trust between them, they don’t get along (they frequently argue), they grew apart, or they’ve lived apart for a long period of time.
Irreconcilable Differences Can Make For a Fast and Frictionless Divorce
If you and your spouse have fallen out of love and there’s no chance of saving the marriage, an uncontested divorce based on irreconcilable differences will be the most time- and cost-efficient way to end it. You’ll pay less in legal fees, and you can expect your divorce to be finalized within a matter of months once you file the paperwork.
If you’re considering this option, a qualified family law attorney can tell you more about what it will look like and how to proceed.
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.
