Irreconcilable Differences
Irreconcilable differences refer to fundamental disagreements or conflicts between spouses that cannot be resolved. Differences can include values, beliefs, lifestyle choices, priorities, or other factors that can lead to the inability to maintain a healthy and happy marriage. This is by far the most common reason for divorce.
Adultery
Adultery, as grounds for a fault-based divorce, refers to one spouse engaging in sexual relations outside the marriage without the other spouse’s consent. There is no year long residency requirement in New Jersey to file for divorce on grounds of adultery. If you know the identity of the person with whom the spouse had an affair, the court rules require the affair partner to be given notice if he or she is named in the Complaint.
Extreme Cruelty
Extreme cruelty refers to behavior by a spouse causing physical or mental harm, endangering health or safety and making cohabitation unreasonable.
Other Grounds for Divorce
A family lawyer can help you determine if you can file for divorce based on other grounds outside of the three mentioned above. These may include instances of incarceration and more. However, in the vast majority of cases, irreconcilable differences is the cause of action that makes most sense.
How Do I File for Divorce?
Before you file for divorce, there are a few steps you’ll want to take to prepare and help ensure a smoother process. Some things you can do include:
- Organize Financial Records: Gather documentation related to income, assets, and liabilities.
- Define Priorities: Clarify your preferences for asset distribution and custody arrangements.
Speak to an Experienced Family Law Attorney
Navigating the legal intricacies of divorce can be challenging. Seeking legal counsel ensures you understand your rights and options. An experienced lawyer provides comprehensive family law services, including:
- Objective Advice: Divorce can be emotionally charged. An attorney provides an outside perspective, helping you make informed choices based on legal considerations rather than emotions.
- Negotiation: An attorney can serve as a skilled negotiator, helping you reach agreements on important issues such as asset division, child custody, and alimony without the time and expense of a trial.
- Assistance with Legal Documentation: A family law attorney will ensure that all necessary documents are properly prepared, filed, and submitted to the court in a timely manner, minimizing the possibility of errors or delays in the process.
- Representation in Court: An attorney can represent you in court in a motion or in a trial if you are unable to resolve your issues.
