What are Fault Grounds in Divorce?
When a couple decides to end their marriage, they can choose from either a fault or no-fault divorce. Most people choose a no-fault divorce because it is easier. A fault divorce is often harder and more expensive.
With a no-fault divorce, there is no need to blame the other spouse, nor is there a need to prove anything. A couple can simply cite the reason for their divorce as “irreconcilable differences.”
However, some people opt for a fault-based divorce for various reasons. A fault-based divorce will not have an impact on the court’s decisions regarding property division, custody, or visitation. Proving fault could be beneficial for the following reasons, though:
- Financial benefits. A fault-based divorce can result in a larger share of the marital property or alimony for the spouse who was not at fault.
- Protecting rights. A fault-based divorce can be a way to protect financial and parental rights. For example, a spouse who has been subjected to domestic abuse may be more likely to receive a larger share of the marital assets.
- Hurt feelings. A fault-based divorce may be chosen as a sort of revenge due to hurt feelings.
Many people choose a fault-based divorce because it requires no waiting period. While many states have a waiting period when filing for divorce, New Jersey does not. It does not matter what type of divorce you choose; you can get divorced right away thanks to no mandatory waiting period.
Fault Grounds
In New Jersey, there are several grounds for a fault-based divorce. If you opt for a fault divorce, you will need to prove one of the following:
- Adultery. This is when one spouse has engaged in an extramarital affair.
- Extreme cruelty. This is physical or mental abuse so bad that it has endangered the health or safety of the spouse.
- Desertion. This is defined as one spouse leaving the marital home and being separated from the other spouse for at least 12 consecutive months without a reasonable cause or justification.
- Addiction/drug abuse. This refers to habitual drunkenness or drug addiction for at least 12 months prior to filing for divorce.
- Imprisonment. This ground can be used when one spouse has been imprisoned for at least 18 consecutive months after the marriage.
- Deviant sexual conduct. This means engaging in deviant sexual conduct without the consent of the other spouse.
- Institutionalization. This is when one spouse has been institutionalized for mental illness for at least 24 consecutive months after the marriage.
Contact Us Today
New Jersey recognizes fault and no-fault divorce, but no-fault divorce is much more common. Proving grounds is not an easy task.
Divorce has a lot of complicated elements. You can count on a Cherry Hill family law attorney from Fiore Law for exceptional service and dedication to you and your case. Schedule a consultation with our office today by calling (856) 214-8964.