Legal Question in Family Law in New Jersey

No Fault Divorce

With regard to no fault divorce. My spouse and I have not been intimate for over 10 months. We still live in the same house; but, sleep in separate bedrooms. I desire desparately to get out of this marriage. My question.

Would a divorce be granted if both parties agree even though we were not apart the required time for a no fault divorce?

If my spouse and I agreeded on a settlement before the specified time required for a no fault divorce, would the divorce be granted. Thank you.


Asked on 4/01/02, 7:40 am

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: No Fault Divorce

This is probably one of the most asked questions in the area of Divorce Law. You need to wait 18 months to get a "No-Fault" Divorce. However, most uncontested divorces in NJ today are able to proceed on "Extreme Cruelty" grounds. Most Judges are very lenient on these required grounds. Any public (or sometimes private) act which embarrassed the party or made it otherwise unreasonable for the parties to continue to live together would be a suitable ground for divorce. Then, it is just a matter of dividing the assets, deciding the parenting arrangements and support obligations and getting the paperwork done. If both parties are in general agreement, this can be done relatively quickly. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Mention Law Guru and your first consultation is free. Good luck! Rob Gleaner

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Answered on 4/01/02, 8:36 am
Edward Weinstein Law Office of Edward R. Weinstein

Re: No Fault Divorce

Thank you for your inquiry.

Typically, there is absolutely no reason to wait for the 18 month separation peiod to elapse prior to filing for divorce.

As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

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Answered on 4/01/02, 8:44 am


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