No Fault Divorce In New Jersey | SRIS, P.C.
No Fault Divorce In New Jersey — What Are Your Options?
No Fault Divorce In New Jersey is governed by N.J. Stat. § 2A:34-2, allowing dissolution based on irreconcilable differences for at least six months. This process eliminates the need to prove fault like adultery or cruelty, focusing instead on the marriage’s breakdown. Law Offices Of SRIS, P.C. provides experienced guidance through this streamlined legal path to help you move forward.
Understanding No Fault Divorce In New Jersey Law
No Fault Divorce In New Jersey is the legal process of ending a marriage without assigning blame to either spouse. The sole ground is “irreconcilable differences which have caused the breakdown of the marriage for a period of six months.” This means the court only needs to find that the marriage is broken and there is no reasonable prospect of reconciliation. The law is designed to reduce conflict and simplify the divorce process.
Last verified: April 2026 | New Jersey Superior Court, Family Part | New Jersey Legislature
Official Legal Resources
For the official statute, refer to N.J. Stat. § 2A:34-2 (official New Jersey Legislature). For court forms and procedures, visit the New Jersey Courts Self-Help Center.
The Process for a No Fault Divorce In New Jersey
Filing for a No Fault Divorce In New Jersey requires establishing that irreconcilable differences have existed for at least six months. The process begins with filing a Complaint for Divorce in the Superior Court, Family Part, in the county where you or your spouse reside. You must also file a Certification of Insurance and other required documents. The court will then address all related issues like alimony, child support, and equitable distribution of assets before granting the final judgment.
- Consult with a No Fault Divorce In New Jersey Attorney to review your situation and the six-month requirement.
- Gather all necessary financial documents and information regarding assets, debts, and insurance.
- File the Complaint for Divorce and all required certifications with the appropriate county Superior Court.
- Serve the divorce papers on your spouse, or file a joint petition if it is uncontested.
- Participate in case management conferences and settlement discussions to resolve ancillary issues.
- Attend the final hearing where the judge reviews the settlement agreement and enters the Judgment of Divorce.
What to Expect in a New Jersey No-Fault Divorce
In New Jersey, a no-fault divorce based on irreconcilable differences finalizes the legal end of a marriage but requires the resolution of financial and parental responsibilities.
| Case Aspect | Typical Process & Considerations |
|---|---|
| Grounds | Irreconcilable differences for 6+ months (N.J. Stat. § 2A:34-2). |
| Waiting Period | No mandatory waiting period after filing if grounds are met, but the process takes time to resolve all issues. |
| Financial Disclosure | Full Case Information Statement (CIS) required, detailing assets, debts, income, and expenses. |
| Asset Division | Equitable distribution applies—assets are divided fairly, not necessarily equally. |
| Child-Related Issues | Parenting time (visitation) and child support are determined based on the child’s best interests. |
| Alimony | May be awarded based on factors like length of marriage, standard of living, and earning capacity. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with New Jersey Family Law
Founded in 1997, Law Offices Of SRIS, P.C. brings decades of combined experience to family law matters. Our firm’s approach is grounded in a deep understanding of New Jersey statutes and court procedures. We focus on providing clear, strategic guidance for clients handling the dissolution of their marriage.
Legal Guidance for Your Divorce
Our team provides focused legal support for No Fault Divorce In New Jersey. We help clients understand their rights regarding asset division, support obligations, and parenting plans. Our goal is to guide you toward a resolution that allows you to begin the next chapter of your life.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
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Tinton Falls, NJ 07724
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Our Tinton Falls location serves clients throughout Monmouth County and surrounding areas. We are a No Fault Divorce In New Jersey Law Firm accessible from the Garden State Parkway and Route 36.
Frequently Asked Questions About No-Fault Divorce in New Jersey
What is the only ground for a no-fault divorce in New Jersey?
Yes. The sole ground is irreconcilable differences that have caused the breakdown of the marriage for a period of six months or more, as defined under N.J. Stat. § 2A:34-2. You do not need to prove fault like adultery or extreme cruelty.
Do both spouses have to agree to get a no-fault divorce?
No. One spouse can file for a no-fault divorce based on irreconcilable differences even if the other spouse disagrees that the marriage is over. The filing spouse must certify that the differences have existed for the required six-month period.
How long does a no-fault divorce take in New Jersey?
It depends. An uncontested divorce where all issues are agreed upon can be finalized in a few months. A contested divorce involving disputes over assets, alimony, or child custody can take a year or longer to resolve through negotiation or trial.
What is the difference between divorce and dissolution in New Jersey?
In New Jersey, “dissolution of marriage” is the legal term for divorce. They refer to the same process of legally ending a marriage. All divorces, including no-fault divorces, are filed as complaints for dissolution of marriage.
Can I get alimony in a no-fault divorce?
Yes. The no-fault ground does not prevent a spouse from seeking alimony. The court will consider statutory factors like the length of the marriage, each party’s income and earning capacity, and the standard of living during the marriage to determine if alimony is appropriate.