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How Do I File For Irreconcilable Differences In An NJ Divorce?

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divorcing couple working through irreconcilable differences

When a spouse files for divorce in New Jersey, they must cite a reason or grounds for the divorce. In uncontested divorces, the couple might cite what’s called “irreconcilable differences” as the reason for their decision to legally end their marital status. If you’re considering divorce or are just beginning the divorce process, you might wonder what this phrase means in the courtroom. To learn more, read this blog or reach out to a Somerset County Divorce Attorney today.


When a couple cites irreconcilable differences as grounds for their divorce, this simply means that the spouses no longer get along but agree that divorce is the best option. Legally, irreconcilable differences in a marriage mean that the marital relationship has ended for at least six months and the spouses cannot work through their issues. In other states, this concept is often also referred to as the irretrievable breakdown of a marriage.


The divorce process for a no-fault divorce in New Jersey is much different than the process for a fault-based divorce. As the name suggests, a no-fault or uncontested divorce means that neither spouse is blamed for the marriage ending, and both spouses agree that divorce is the best option. Meanwhile, fault-based or contested divorces involve one spouse accusing the other of committing an act (like cheating) that caused the marriage to fall apart. There are seven possible grounds for a contested divorce: adultery, abuse, abandonment, substance issues, mental health issues, incarceration, and impotence. To complete a contested divorce, the accusatory spouse will need to prove in court that they have valid grounds for divorce.

Even if a spouse did commit an act that would qualify as grounds for a contested divorce, many spouses today choose to file for uncontested divorces. In uncontested or no-fault divorces, you might need to prove that your marital relationship has been destroyed for at least six months, but you won’t need to worry about proving why the marriage ended. You can also work through settlement decisions in mediation rather than litigation, so you can usually avoid lengthy courtroom battles. Mediation can be beneficial for spouses who want to work towards a reasonable agreement with reduced conflict.

Are you considering filing for an uncontested divorce or just starting your divorce process? You’ll likely want a talented divorce law attorney who has your best interests in mind. Thankfully, Siragusa Law Firm is here to fight for you! Contact us today for an initial consultation.

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