Legal Question in Family Law in New Jersey
What's Easier--Fault or No-Fault Divorce?
I am considering filing for divorce against my husband. We have been separated for almost seven years, and he has made no effort whatsoever at reconcilliation. He abandoned me and our daughter when she was 7 years old, and has had no contact with her at all, and none with me outside of child support court. He admitted to cheating on me when he left me for a woman he met on the Internet back in 1997. I just want this part of my life behind me. Is it more complicated to file for a fault divorce than a no-fault. I want it on permanent record that he 1. abandoned us, and 2. cheated on me. When his first wife divorced him, it was no-fault, so he convinced me that she was the baddie in that scenario, when in reality he did exactly to her what he did to me--left her hanging and cheated on her. Is it a major hassle to get fault on a divorce decree, and does it cost more than a no-fault? Thanks in advance!
2 Answers from Attorneys
Re: What's Easier--Fault or No-Fault Divorce?
It appears the seven-year separation with no hope of reconciliation would provide the court with adequate grounds to grant the divorce. Especially where young children are involved, the court will discourage unnecessary animosity between the parties. While you can certainly file for divorce on multiple grounds, the judge will not look kindly upon using the court proceeding to find fault or place blame.
You will save a great deal of money, time, and aggravation if you view the divorce proceeding as a way to move on with your life, rather than as a method of attacking your spouse/ex-spouse.
However, since you are contemplating a formal court proceeding, it is essential that you have a consultation with an attorney to discuss your rights, obligations, and options, based on the specific facts of your case.
If you wish to consult with me about the possibility of retaining my services, please contact me at:
973-605-8995
Re: What's Easier--Fault or No-Fault Divorce?
Except in the case where one spouse is disputing whether or not a divorce should occur, it really does not matter from a property settlement standpoint, whether or not the adultery occurred. Nor does it usually affect parenting time or custody. The only thing that adultery does, from a legal standpoint, is give the other spouse the right to obtain a divorce; however, in your case, since 18 months have passed, it is easier to get the no-fault divorce. And, there is no "record" that he cheated on you. As discussed above, it really makes no difference from the Court's standpoint. All issues involved in the marriage are determined based on the financial abilities and needs of the parties and, with regard to the children, based on their best interests. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
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