New Jersey offers individuals the option to pursue divorce based on no-fault grounds. This signifies that a party seeking dissolution of marriage is not required to prove wrongdoing by the other spouse. Instead, the individual can cite irreconcilable differences, establishing that the marital relationship has broken down irretrievably for a period of at least six months and there is no reasonable prospect of reconciliation. This contrasts with fault-based divorces, where adultery, desertion, or cruelty, among other factors, must be demonstrated.
The inclusion of no-fault divorce proceedings acknowledges the evolving nature of marital relationships and provides a less adversarial route to legal separation. This can reduce conflict and legal expenses, promoting a more amicable resolution, particularly when children are involved. Historically, divorce required proving fault, which often led to contentious and emotionally charged legal battles. The introduction of no-fault options aimed to streamline the process and focus on equitable distribution of assets and child welfare.