FAQs about Irreconcilable Differences as Grounds for Divorce in New Jersey

The legal term irreconcilable differences mean that a marriage has broken down for at least six months. Additionally, the referenced breakdown must be irretrievable, meaning that there is no reasonable prospect of reconciliation. The focus of a divorce based on these types of differences does not focus on a specific event. Rather, the contention is on the overall state of the marriage and the determination that it cannot be repaired.

Yes, irreconcilable differences do represent a no-fault ground for a divorce in New Jersey. In theory, this approach to ending a marriage is intended to reduce hostility and allow parties the opportunity to focus on practical solutions rather than relitigating the past.

The New statute requires that governs this type of divorce indicates that irreconcilable differences need to exist for at least six months prior to filing. This requirement is typically satisfied through a sworn statement and does not require documentation or third-party testimony.

No, New Jersey law does not require physical separation during this six-month period. Many couples continue living together for a variety of reasons that include financial, parenting, or logistical reasons.

Generally, no. Courts typically are not called upon to investigate the private dynamics of a marriage. A good-faith assertion that reconciliation is not reasonably possible is usually sufficient to satisfy the legal standard required by the law.

No, New Jersey courts will not compel parties to remain married. If one spouse credibly asserts that the marriage is irretrievably broken, the divorce will proceed even over the other spouse’s objection. Indeed, if one party alleges that a marriage is irretrievably broken and the other spouse says it is not – that divergence alone underscores that the parties’ differences are irreconcilable.

In New Jersey, yes. Most divorce cases pursued in New Jersey rely on irreconcilable differences for a number of reasons. These include the reality that more often than not, irreconcilable differences work to simplify the legal process, avoid inflammatory allegations, and support settlement-focused resolutions.

No, it does not effect property or debt distribution in New Jersey marriage dissolution proceedings. Property division is governed by equitable distribution principles in the Garden State. This standard considers a variety of factors touch matters as length of the marriage, contributions of each spouse, and future economic circumstances – but no marital fault of lack of fault.

Irreconcilable differences as grounds for divorce do not impact alimony decisions as a general rule. New Jersey alimony determinations are based on statutory criteria that include income disparity, earning capacity, marital lifestyle, and need. The grounds for a particular divorce in and of themselves rarely play a role.

No, custody and parenting time are determined based upon what is in the best interests of the child or children. Courts consider a variety of factors on a case-by-case basis to ascertain what is (or is not) in the best interests of a child.

Yes. In fact, irreconcilable differences as grounds for divorce are the preferred foundation for a case in uncontested matters because it allows parties to resolve issues through agreement without litigating fault.