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Do I Need to Establish Fault in a Divorce?

Posted on November 10, 2015

Azrak on the Law
Statistics show that almost 50% of married couples file for divorce. This becomes a time of turmoil for the parties involved. It affects the lives of the couple, as well as, any children of that marriage. If you are contemplating a divorce or suddenly faced with a divorce action it is important to understand the basics of Matrimonial Law in New Jersey. It is also essential to have a lawyer who can guide you through this difficult time.

First, one of the parties needs to establish grounds for divorce in order to properly file. In the past, one of the parties had to establish fault in order to successfully divorce. Common grounds for fault based divorce included adultery, abuse,and the incarceration of one of the parties.Today, New Jersey, as with many other states, has established no-fault as a grounds for divorce. One of the most commonly used examples of nofault divorce is “irreconcilable differences”.

Before making the decision to file for divorce, it is important to know the differences between fault and no-fault. An attorney helps navigate those waters and advises the client as to whether there are any benefits to seek a divorce based on fault.Additionally, an attorney skilled in matrimonial law can help ease the tension between the parties.As a representative of the client, the attorney serves as the primary communicator between the parties, either directly, or through the attorney representing the other side.A skilled matrimonial lawyer is also able to offer objective advice during this emotional time. This can help lead to a more beneficial outcome for the client and any children.

A consultation with an attorney is the first step in a divorce 
process prior to filing for divorce. Azrak &Associates’ skilled matrimonial attorneys will be able to work closely with their client in order achieve to the client’s goals and successfully conclude the matter.A successful conclusion will have settled the issues of spousal support, child support, custody, parenting time, and the equitable distribution of assets. The law firm of Azrak andAssociates,a full service law firm with 40+ years of matrimonial law experience, has as a goal to obtain the most favorable result within the bounds of the law.

In the coming editions of Azrak on the law, we will continue to discuss different areas of matrimonial law and how Azrak and Associates will be able to provide quality service to obtain the best result possible.

Have a Question: If you have a legal question, you may click HERE, or you can contact the author of this column at or at (973) 839-9062.

About the Author: Azrak & Associates, LLC staff attorneys are admitted to practice law in New Jersey, NewYork, and Washington, D.C. Azrak & Associates, LLC, is a full-service general practice law firm located in Pompton Plains, NJ and Nyack, NY. You must not rely on the above information as an alternative to legal advice from an appropriately qualified attorney.This column does not establish an attorney-client relationship. If you have any specific questions about any legal matter you may contact our office.

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