No Fault Divorce Lawyer New Jersey — How Does the Process Work?
In New Jersey, a no-fault divorce is filed on the grounds of irreconcilable differences for at least six months, as defined under N.J. Stat. § 2A:34-2. This process allows for marriage dissolution without proving fault. Law Offices Of SRIS, P.C. provides experienced divorce representation for this filing.
Understanding No-Fault Divorce in New Jersey
New Jersey is a “no-fault” divorce state, meaning you can end your marriage without having to prove that your spouse did something wrong, like adultery or extreme cruelty. The sole ground for a no-fault divorce is that the couple has experienced irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved. This legal standard is codified in the state’s statutes.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J. Stat. § 2A:34-2 (official New Jersey Legislature site). For court forms and procedures, visit the New Jersey Courts website.
The New Jersey No-Fault Divorce Process
The procedural path for a no-fault divorce in New Jersey is generally more streamlined than a contested, fault-based divorce. The key is demonstrating the six-month period of irreconcilable differences. In many Superior Court vicinages, judges expect clear documentation that settlement discussions have occurred, even in an uncontested case.
- Consultation & Filing: Meet with your divorce attorney to prepare the Complaint for Divorce, which states the grounds as irreconcilable differences. The complaint is then filed with the Superior Court in the county where you or your spouse reside.
- Service & Response: Your spouse must be formally served with the divorce papers. They then have 35 days to file an Answer. If they agree with the no-fault grounds, the case can proceed as uncontested.
- Financial Disclosure: Both parties must complete a Case Information Statement (CIS), disclosing all income, assets, debts, and monthly expenses. This is mandatory for the court to address alimony, child support, and equitable distribution.
- Settlement Negotiations: Your attorney will negotiate the terms of the divorce, including asset division, alimony, child custody, and support, aiming for a Property Settlement Agreement (PSA).
- Court Review & Judgment: Once an agreement is reached, the final documents are submitted to a judge for review. If approved, the judge will enter a Final Judgment of Divorce, legally ending the marriage.
What to Expect in a No-Fault Divorce
In New Jersey, a no-fault divorce based on irreconcilable differences focuses on resolving financial and parental issues, not on assigning blame for the marriage’s end.
While the grounds are simplified, all other aspects of New Jersey divorce law still apply. This includes the equitable (but not necessarily equal) distribution of marital property, determinations of alimony under the 2014 reform statutes, and establishing child custody and support plans. The absence of a fault-finding battle often allows couples to resolve these matters more efficiently through mediation or collaborative law, though strong legal guidance remains essential to protect your rights.
Why Choose Our Firm for Your Divorce
Law Offices Of SRIS, P.C. was founded in 1997. Our firm’s approach to family law is grounded in direct advocacy and a deep understanding of New Jersey’s unique statutes, including the nuances of the no-fault system and the alimony reforms. We focus on providing clear guidance through the divorce filing process.
Case Results and Client Focus
Our attorneys have handled numerous family law matters across New Jersey. We work to achieve resolutions that align with our clients’ goals, whether through negotiation or litigation.
Results may vary. Prior results do not aim for a similar outcome.
Local New Jersey Divorce Representation
Our New Jersey location serves clients across all 21 counties. If you are searching for a “no fault divorce lawyer near me” in New Jersey, we are accessible for consultations.
Law Offices Of SRIS, P.C.
SRIS New Jersey Location — 51 JFK Parkway, 1st Floor West
Short Hills, NJ 07078
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: 856-291-6150
By appointment only.
We offer 24/7 phone consultations. Meetings are held by appointment only at our Short Hills location, which is conveniently situated for residents across the state.
Frequently Asked Questions
What is the difference between a no-fault and fault divorce in New Jersey?
Yes. A no-fault divorce requires only proving irreconcilable differences for six months. A fault divorce requires proving a specific wrongful act like adultery or desertion, which can impact decisions on alimony and asset division but makes the process more adversarial and complex.
How long does a no-fault divorce take in New Jersey?
It depends. An uncontested no-fault divorce where all issues are agreed upon can be finalized in as little as 2-3 months after filing. A contested divorce, where assets, alimony, or custody are disputed, can take a year or more to resolve through negotiations or a trial.
Can I get alimony in a no-fault divorce?
Yes. The no-fault grounds do not prevent an award of alimony. New Jersey courts consider factors like the length of the marriage, each party’s income and earning capacity, and the marital standard of living when determining if alimony is appropriate and in what amount, per the state’s alimony statute.
Do we have to be separated for six months to file?
No. The law requires that irreconcilable differences have caused the breakdown of the marriage for six months. You can live together during this period. The key is demonstrating that the marital relationship has broken down to the point of no return, not that you have lived in separate residences.
What is equitable distribution in a NJ divorce?
Equitable distribution is the fair, but not necessarily equal, division of marital property and debt acquired during the marriage. The court considers factors like the duration of the marriage, each spouse’s economic circumstances, and contributions to the marital estate. Separate property acquired before marriage or via gift/inheritance is typically not divided.
A no fault divorce case is one part of divorce & separation lawyer, and our page on divorce lawyer New Jersey covers the wider process.