No-Fault Divorce NJ

No-Fault Divorce

No-fault divorce means that the court will end the marriage based on separation (the fact that you and your spouse have been living in different places for 18 consecutive months or more), or based on irreconcilable differences (the fact that you and your spouse have experienced irreconcilable differences for a period of six months or more). The advantage of getting a no-fault divorce is that the law does not require proof that either spouse was responsible for causing the marriage to end.

To file a no-fault divorce complaint in New Jersey based on separation, the following requirements must be met:

You or your spouse must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint.
You and your spouse must have lived apart—that means in separate residences—for at least 18 consecutive months before beginning the divorce action.
There is no reasonable prospect of reconciliation.
To file a no-fault divorce complaint based on irreconcilable differences in New Jersey, the following requirements must be met:

You or your spouse must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint.
You and your spouse must have experienced irreconcilable differences for a period of six months.
The irreconcilable differences make it appear that the marriage should be dissolved.
There is no reasonable prospect of reconciliation.
source: http://www.lsnjlaw.org/english/family/divorce/divorcenj/divch1/index.cfm#ch1