The Law Office of Jennifer Marshall, Esq.
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Jennifer Marshall, LLC
People file for divorce for many different reasons. While some circumstances stem from simply growing apart, there are other situations where one spouse’s actions are responsible for the end of the marriage.
A Piscataway fault-based divorce lawyer could help you navigate filing and achieving the best possible outcome. New Jersey allows fault-based divorces in several types of scenarios where one spouse’s actions are primarily responsible for the breakdown in the marriage. Call to schedule an appointment with one of our skilled divorce attorneys to understand whether a fault-based divorce is appropriate for your situation.
New Jersey law provides a few different scenarios that would allow a spouse to file for a fault-based divorce under New Jersey Revised Statute § 2A:34-2, including:
Aside from meeting certain timing conditions, successfully filing for a fault-based divorce in New Jersey has other requirements. For example, a divorce based on a spouse’s cruelty requires conduct that endangers the health and safety of the filing spouse and makes it unreasonable to continue cohabitation. Additionally, a divorce on the grounds of incarceration requires that the spouses do not resume living together after the imprisonment.
When none of the above situations contribute to the desire for a divorce, spouses can still file for what is known as a no-fault divorce. This term applies when the causes for the divorce are the irreconcilable differences of the spouses. A fault-based divorce attorney in Piscataway could help a claimant determine what type of divorce applies to their circumstances.
The process for seeking a fault-based divorce in New Jersey is not much different from a no-fault divorce. Seeking one type of divorce over another does not automatically grant or make it easier to attain financial judgments for spousal support or the receipt of certain assets.
However, accurately stating the type of fault in a divorce petition provides important context that could impact other rulings related to the end of the marriage. For example, divorce for reasons of cruelty, incarceration, or addiction could heavily impact determinations for child custody. The reasons for the divorce could also affect short-term issues, such as who gets to occupy the marital home while waiting for the divorce to finalize. Being honest about the cause of the marriage ending is important in helping to reach arrangements that are in the health, safety, and interest of all parties. A Piscataway fault-based divorce attorney could help the filing spouse understand what is necessary to reach an ideal solution.
When your grounds for divorce are fault-based, you may have concerns that extend well beyond the ending of the marriage. A Piscataway fault-based divorce lawyer could help you work through some of the logistics surrounding the separation and also provide information and access to additional resources.
Another essential part of our team’s role is advising, negotiating, and advocating for the other issues at stake in your divorce. Most notably, protecting your rights or interests in any separate or marital assets, including homes, retirement accounts, businesses, and more. This could include finding your spouse’s potentially hidden assets from which you might have a right to an equitable distribution. Reach out and schedule a consultation today to get started.
The Law Office of Jennifer Marshall, Esq.
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