Why File for an At-Fault Divorce?

Posted March 8th, 2017 by .

Categories: Family Law.

why at-fault divorce law offices of anthony carboneYou just can’t stand living with that man anymore. He’s making you crazy! Not only that, but you found out he’s been cheating on you for the past three months. You need to file for a divorce and now. But don’t you need a reason? Can cheating be considered enough reason for a divorce?

When you file for divorce in New Jersey, you have two options: no-fault and fault. A no-fault divorce is exactly as it sounds — the couple agrees that it’s no one is to blame for the collapse of the divorce. But when you file for a fault-based divorce, one party is attempting to prove that the other spouse had committed one of the legal grounds permitting for divorce. In many states across the U.S., at-fault divorce is acceptable; but what are the benefits for filing an at-fault divorce?

First, let’s explain what are the grounds associated with an at-fault divorce. The most common ones include:

  • Adultery
  • Physical or emotional abuse
  • Substance abuse
  • Incarceration
  • Abandonment for a length of time

There are some benefits to filing a fault-based divorce for a no-fault divorce. For example, in New Jersey, you must be separated for 18 consecutive months with no reasonable chance of reconciliation in order to file for no-fault divorce. But when you file based on fault grounds, you don’t need to be separated for a length of time. In addition, a spouse who can prove the other was at fault for the marriage ending may receive a more favorable resolution with child custody, spousal support, and/or a larger share of marital assets.

However, unlike a no-fault divorce, you will need to prove that what you are accusing the other party of actually happened. That could be tricky, especially if you’re doing it on your own. Not only could it make your divorce messier and can become quite complex.

If you are considering a divorce in New Jersey, then you should consider getting a divorce attorney. Contact the Law Offices of Anthony Carbone for a free consultation.


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