Every state has different laws regarding divorce, including what circumstances justify divorce filings. New Jersey allows for no-fault divorce proceedings, like most other states. Either spouse can petition the courts to end a marital relationship because of irreconcilable differences.
People who have had consistent conflicts with their spouses or who discover that they have a mismatch of personal values may want to divorce even though no significant misconduct actually occurred within the marriage. Others may choose to file a no-fault divorce despite recognizing that their spouses may be at fault for the decision due to misconduct, such as infidelity.
How do those hoping to pursue a no-fault divorce establish that they meet the standard of having irreconcilable differences?
No-fault grounds do not require proof
Individuals pursuing fault-based divorces must present evidence to the courts that they have qualifying circumstances. As such, fault-based divorces can become quite contentious and are often more expensive than no-fault divorces.
Those seeking to end a marriage by alleging that they have irreconcilable differences with their spouses do not necessarily have any objective way of proving their feelings on the matter. Thankfully, there is no evidence necessary to establish that the family qualifies for a no-fault divorce.
The assertion of either spouse under oath is sufficient evidence for a no-fault divorce. Instead of focusing on proving the state of the marriage, people preparing for no-fault divorce may want to focus their energy instead on navigating matters related to marital property and shared children.
Learning more about divorce rules can help people prepare to file. No-fault divorces are often a fast and accessible means of terminating an unhealthy marriage.