Should I Cite Fault Grounds in My NJ Divorce?

0101146001645801801.jpgIf you are preparing to go through the divorce process, you’ve most likely heard the term “no-fault divorce.” Please continue reading and contact the Law Offices of Katherine K. Wagner to learn more about no-fault divorce, fault-based divorce, and whether you should cite fault grounds or not. Here are some of the questions you may have:

What are “fault grounds?”

In the past, it was commonplace to cite “fault grounds,” or the reason you wish to get a divorce, during the divorce process. However, more recently, New Jersey has become a “no-fault” state, meaning spouses are not required to cite fault grounds in their divorce, and can instead simply cite irreconcilable differences.

Should I cite fault grounds in my divorce?

There are various fault grounds a person can cite, however, in most cases, our firm recommends you don’t cite specific fault grounds and instead cite irreconcilable differences. This is for a variety of reasons. To start, if you cite a fault ground such as adultery, addiction, or extreme cruelty, it will become part of the public record. Additionally, and perhaps most importantly, the truth is, citing fault grounds will seldom have a positive impact on the outcome of your divorce.

In fact, in most cases, when one spouse cites fault grounds, it will only prolong the divorce process, as the other spouse will then have a chance to respond to, and deny these allegations. In turn, the litigation process will take longer, costing you more time, money, and exhaustion.

The bottom line is that though we understand that, for example, one spouse being unfaithful to the other may make them want to place blame for the breakdown of the marriage, it often isn’t the best strategy. That said, understand that there are exceptions, which is why it is always best to retain competent legal counsel who will listen to your concerns, assess your case, and from there, come up with a strategy that best suits your situation. If you are ready to get divorced, reach out to the Law Offices of Katherine K. Wagner for the sound legal advice you deserve.

Contact the Law Offices of Katherine K. Wagner

Do not face complex divorce and family law matters alone. With over 25 years of experience, the Law Offices of Katherine K. Wagner is dedicated to providing you with the knowledge and skill your case deserves. We will fight to protect your rights, your financial security, and your children. Contact the Law Offices of Katherine K. Wagner today for a consultation.

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