New Jersey No Fault Divorce

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In earlier times divorce processes in the state of New Jersey were mainly based on fault filed by either of two partners against the other partner. However, the fault cases are also being considered nowadays. Irreconcilable differences is the major ground followed while granting the permission to provide a legal end to a specific marriage. In this state, the divorcing partner who files for divorce is termed as the Plaintiff. The other divorcing partner who is served a copy of the divorce papers is known as the Defendant or Respondent. The action that starts the divorce process is called as the Complaint for Divorce. The action that grants the divorce is called as the Judgment of Divorce. The venue where divorce decisions are heard is known as Superior Court or Chancery Division. The state orders a no fault case only after fulfillment of definite requirements as decided by the state laws and policies. These requirements include the residency criteria, appropriate grounds, selection of the venue as per the circumstances of the divorcing couple. Similarly, the New Jersey no fault divorce also occur on the basis of valid grounds and fulfillment of residency criteria in this state.

Grounds for New Jersey No Fault Divorce

One of the divorcing partners has to state that the marriage has been broken down irretrievably. Moreover, both the wife and the husband must have resided separately for at least eighteen continuous months. This period must be spent not in different rooms but also in different houses. After this period is over, there should not be any reasonable expectation of reconciliation. At the same time, it is necessary that the irretrievable broken state of the marriage should be confirmed at least six months prior to the filing step.

Residency requirements for New Jersey No Fault Divorce

One of the divorcing partners must have stayed in this state for at least twelve consecutive months prior to the filing date of the divorce complaint. As per the latest law in the state, there is no need to fulfill the criteria of a separation period before filing the case. Therefore, it does not make any difference even if the married couple stays together during the time of the filing procedure.

Selection of county wherein to file New Jersey No Fault Divorce

The following protocol is observed while choosing the county in which the action for divorce is filed:

  • The county wherein the Plaintiff lives is usually considered as the main venue for filing the case.
  • When the reason of this legal action emerged the Plaintiff did not stay in this state, then the county wherein the Defendant lived at that moment can also be chosen to file the divorce.
  • During the cause of divorce action raised, if none of the divorcing partners resided in this state, then the county in which the Plaintiff resided is ultimately decided as the filing court.

Education Program

This state executes a "Parents' Education Program" with an intention of promoting cooperation between the divorcing partners. The other aim is to help the divorcing couples to solve all marital issues that may sprout up during the course of the divorce or separation process. This is one of the compulsory programs in the state.

Some of the characteristics of this program are as follows:

  • It enables to analyze the cases of domestic violence and provide cooperation to the concerned victim of the case.
  • It provides an understanding regarding the ways through which the parents can assist the children in terms of facing the post-divorce consequences in their respective lives. At the same time, it is ensured that relevant advices such as, how the parents should manage new family structures and different set of rules and regulation etc, should be provided.
  • This program offers resources, tools, ideas and strategies for the parents to help children in the course of the divorce or separation.
  • It develops the parent's knowledge regarding how their children would react after seeing their parents getting divorced or being separated.
  • The parents are also advised to be honest and provide all relevant information about their separation.
  • The parents can also learn how to maintain an open communication regarding the divorce; if their children have any concerns or queries regarding the process of divorce, then how the parents should answer to them, etc.

The New Jersey no fault divorce entails fulfillment of definite legal formalities as decided by the state in order to have a justifiable separation between both the spouses.

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