No Fault Divorce versus Fault Based Divorces in Ocean County, NJ
Divorce Attorney Serving Clients across Toms River, Point Pleasant, Spring Lake, Wall, and Ocean and Monmouth Counties
Making the final decision to divorce can often be extremely difficult, but it is only the first of many decisions that will need to be made. Understanding New Jersey divorce law can be difficult, as there are different types of divorce that you can pursue, and different ways that your divorce is ultimately resolved.
For this reason, it is highly recommended that you consult with an experienced Ocean County divorce attorney before moving forward, as your attorney will be able to advise you regarding your unique situation, needs, and concerns.
At Bronzino Law Firm, we have extensive experience helping clients across Toms River, Point Pleasant, Spring Lake, Wall, and the greater Ocean County area to better understand their options, what to expect, and ultimately resolve their divorce in an effective, compassionate, and knowledgeable manner. Contact our office today to discuss your unique situation and needs regarding your divorce in a free and confidential consultation.
No Fault Divorce Attorney Toms River, NJ
The first decision you will need to make regarding your divorce is what kind of divorce you wish to pursue. In New Jersey, there are two different possible types of divorce, no-fault divorce or a fault-based divorce.
A no-fault divorce is generally pursued when you have to specific grievances against your spouse which would cause you to wish to divorce, rather the marriage simply does not work anymore as there exists irreconcilable differences between you and your spouse. Irreconcilable difference is an important legal term when it comes to divorce law, and it refers to any disagreement you have with your spouse which you believe warrants a divorce. This can be anything from disagreements over having children or how to raise them, to the simple fact that you want a divorce, and your spouse does not.
In order to file for a no-fault divorce in New Jersey, you and your spouse must have lived in the state for at least 12 consecutive months before filing for the divorce, have experienced irreconcilable differences for at least 6 months, and you believe there is no reasonable chance to reconcile those differences.
The main advantage of a no-fault divorce is that it cannot be denied by the courts, granted you and your Ocean County divorce attorney follow all of the proper steps and procedures for filing for the divorce. Before being granted the divorce however, you and your spouse will need to come to an agreement (known as a divorce settlement agreement), which outlines how the key issues of child custody, child support, division of marital assets and debt, and alimony will be handled after your divorce. Once these issues have been decided, and you have a signed divorce settlement agreement, your no-fault divorce will be granted by the courts.
Fault Based Divorce Lawyer Spring Lake, NJ
The other type of divorce available to New Jersey residents is that of a fault-based divorce. A fault-based divorce can be pursued when you believe that the misconduct of your spouse has directly lead to your desire to divorce.
New Jersey law outlines the specific grounds for a fault based divorce in N.J.S.A. 2A:34-2, and these grounds for divorce include:
Physical, Emotional, or Sexual abuse
An extra-marital relationship
Drug or Alcohol abuse of at least 12 months
Abandonment by your spouse for at least one year
Unlike no-fault divorces however, a fault-based divorce can be ultimately denied by the courts should you be unable to prove that one of these grounds for divorce exists. For this reason especially, it is highly recommended that you retain the counsel of an experienced Spring Lake divorce attorney to help you present the necessary evidence in an effective and compelling manner to the courts which clearly demonstrates the misconduct of your spouse.
Resolving Your Ocean County Divorce
Once you have filed your petition for a divorce, be it a no-fault divorce or a fault-based divorce, your spouse has a certain amount of time to respond. Should they answer your petition, your divorce will become what is known as “contested”, and you, your spouse, and your attorneys will need to negotiate the various aspects of your divorce settlement agreement before your divorce is finalized.
Should they fail to answer your petition for a divorce however, your divorce will be considered “uncontested”, and the terms of your divorce settlement agreement will be decided by the court itself, generally in the favor of the person who filed for the divorce.
Contact an Ocean County No Fault Divorce and Fault Divorce Attorney Today
At Bronzino Law Firm, we have extensive experience resolving both no-fault divorces and fault-based divorces of all kinds for clients across Toms River, Point Pleasant, Spring Lake, Brick, and the greater Ocean County area.
Attorney Peter J. Bronzino believes in working closely with each of his clients, and that by keeping his clients highly informed and involved throughout the legal process, he can better understand their exact needs and concerns, and work towards resolving their case in the manner that best suits their needs.
The smaller size of our firm allows us to provide attentive and personal service to all of our clients, while charging fair and reasonable rates for our services.
To speak with our firm today in a free and confidential consultation regarding your grandparent visitation issues, please contact us online, or through our Brick, NJ office at (732) 812-3102.