What Are Grounds In a Fault-Based Divorce?

When you decide to end your marriage, you can ask for a no-fault divorce, or you can file for a fault-based divorce. When file for divorce based on fault, you are telling the court that the behavior of your spouse directly led to the dissolution of your marriage. You have to show the court what happened and how your spouse is to blame, such as adultery, extreme cruelty, imprisonment, or other legally recognized causes. Understanding the differences between a fault-based and no-fault divorce is critical, as it can help you determine the best course of action for your divorce. Our Morristown, New Jersey divorce attorneys can take a closer look at your situation and help you decide on the right path forward.

Understanding the Grounds for Divorce in New Jersey

In New Jersey, the court requires a legally recognized reason, known as a “ground,” before it can grant a divorce. Couples in Morris County and throughout the state can pursue either a fault-based or no-fault divorce, depending on the circumstances of the marriage and the goals of filing. While the majority of divorces will proceed as no-fault divorces, filed on the grounds of irreconcilable differences, certain situations can justify filing for divorce and citing fault-based grounds.

A fault-based divorce can impact:

Negotiation strategies
Litigation
Leverage during settlement negotiations
Claims related to marital waste
Certain alimony-related arguments

When Can I File For a Fault-Based Divorce?

You may want to file for a fault-based divorce in some situations. You can do so in accordance with N.J.S.A. 2A:34-2 if your spouse has:

Committed adultery
Exhibited extreme cruelty and endangered your safety
Deserted you for 12 months or more
Been addicted to alcohol or drugs for 12 months or more, with no effort to address it
Engaged in deviant sexual behavior
Been sentenced to imprisonment or institutionalization for an extended period of time

In some cases, a spouse’s mental illness can also be grounds for divorce. Some of these grounds for divorce require you to wait a predetermined before you can file and blame your spouse in Morris County, like desertion. Others, like adultery, do not require any kind of waiting time. If that is the reason why you want to divorce, you can file right away.

New Jersey also recognizes irreconcilable differences as the ground for a no-fault divorce. Many couples opt to file on these grounds as it requires less litigation and no need to prove wrongdoing in court.

Common Fault Grounds Recognized in New Jersey

Understanding when fault grounds apply and the circumstances under which you can cite them in your Morris County divorce is critical.

Adultery

A spouse has engaged in sexual relations outside of the marriage
New Jersey does not implement a waiting period before filing for divorce based on adultery grounds
Evidence can include:
- Text messages
- Photographs
- Bank and credit card statements
- Witness testimony

Extreme Cruelty

A spouse has engaged in physical abuse or conduct that makes continuing the marriage unreasonable
Emotional abuse, harassment, and threats can constitute extreme cruelty in some circumstances
Courts consider:
- The duration of the conduct
- The severity of the conduct
- The impact on the spouse

Desertion

Desertion typically requires one spouse to have abandoned the marriage for at least 12 consecutive months
The absence generally must be intentional and without the consent of the other spouse
Attempted reconciliation can restart the clock

Habitual Drunkenness or Drug Addiction

Substance abuse can constitute grounds for divorce when it impacts the marriage and lasts for at least 12 months
Courts will consider the spouse’s criminal history and attempts at rehabilitation

Imprisonment or Institutionalization

Extended incarceration or institutionalization can constitute grounds for divorce in New Jersey, though timing and duration requirements typically apply

How Do a Fault-Based and a No-Fault Divorce Differ?

Like many states, New Jersey allows individuals to choose between a no-fault or fault-based divorce. As mentioned, the primary difference between these two options is the need to prove misconduct on behalf of a spouse when filing for a no-fault divorce.

For couples in Morris County, these divorces can have very different legal strategies, depending on the circumstances of the case. Understanding the legal and practical differences before filing is important to ensure you understand all of your legal options.

No-Fault Divorce in New Jersey

Generally based on irreconcilable differences
Generally less adversarial
Typically resolve faster than fault-based divorces
No need to prove marital misconduct
Most often cited in uncontested divorces

Fault-Based Divorce in New Jersey

Requires proof to support allegations of wrongdoing
May involve the need to gather additional evidence
Can increase the length and cost of litigation
May be used strategically during negotiations
Can impact certain financial outcomes

Should I File For a No-Fault or Fault-Based Divorce?

New Jersey does not require you to file for a fault-based divorce. Couples can also decide to get a no-fault divorce, citing irreconcilable grounds as the reason for the divorce.

If you do decide to accuse your spouse of some kind of fault, you have to actually make your case in court.This may involve:

Financial records
Witness testimony
Medical or police records
Electronic communications

An experienced Morris County divorce lawyer can help you do that, but they can also advise you on whether it is the best choice. In some instances, pursuing a no-fault divorce may provide a path for a more efficient and less stressful divorce.

Factors That Can Impact Your Decision

Whether or not children are involved
The complexity of your marital estate
Likelihood of litigation
Past instances of abuse
Concerns regarding hidden or concealed assets
Emotional and financial costs

Can a Spouse’s Fault Affect Divorce Negotiations?

Filing a divorce on the grounds of fault does not automatically entitle the wronged spouse to a larger share of assets or better outcomes regarding custody or alimony. For example, you won’t receive more property, even if you successfully prove that your spouse committed adultery.

However, under certain circumstances, fault may become relevant. If you can show that your spouse wasted marital funds on their affair partner, that could make a difference when you talk about alimony or the division of assets.

Situations Where Fault May Matter

Fault allegations can impact divorce negotiations when they involve:

Wasteful dissipation of marital funds
Domestic violence allegations
Hidden assets
Financial misconduct
Parenting and custody issues
Violations of court orders

While New Jersey is an equitable distribution state, the courts can consider these matters when determining fair division outcomes.

Contact Our Morris County Family Lawyers

If you have any questions about the divorce process, we are ready to help. At Lazor Rantas, PC, we understand how difficult navigating a New Jersey divorce can be, which is why we are here to help you from start to finish. Contact our firm and ask to schedule a consultation today. Our team can tell you more about your options and what an experienced family lawyer can do for you.