In New Jersey, the legal justifications presented to a court to dissolve a marriage are the basis upon which a divorce can be granted. These justifications fall into two primary categories: no-fault and fault-based. The “no-fault” basis requires demonstrating that irreconcilable differences exist between the parties, leading to a breakdown of the marriage for a period of at least six months, and that there is no reasonable prospect of reconciliation. Conversely, “fault-based” justifications allege specific misconduct by one spouse as the reason for the marital breakdown.
Understanding the acceptable justifications is critical for initiating and successfully navigating divorce proceedings within the state. The choice of justification can influence the timeline of the process, the allocation of marital assets, and determinations regarding alimony. Historically, the availability of divorce was significantly restricted, requiring proof of serious marital offenses. The introduction of no-fault options represented a significant shift, simplifying the process and focusing less on blame.
