Main Advantages of a No-Fault Divorce in New Jersey

Explore the Benefits of a No-fault Divorce if You choose to Dissolve Your Marriage in New Jersey

Main Advantages of a No-Fault Divorce in New JerseyIn this day and age, there are numerous reasons a spouse or couple may want to divorce. Some of these reasons involve mutual desire and can reflect an amicable attempt at dissolving the marriage in order to move on as separate entities. There are other cases in which one partner, in particular, wants the divorce, either because their spouse has committed some wrong that merits divorce, or they simply don’t believe the marriage can work anymore.

In New Jersey, there are two routes to take to obtain a divorce: one is a fault divorce, and the other is a no-fault divorce. In a fault divorce, one spouse seeks divorce because of the other’s fault, as is reflected in a divorce due to adultery. In a no-fault divorce, nothing, in particular, happened to break up the marriage; and as such, one or both spouses must prove that the couple has irreconcilable differences, whereby the only way forward is divorce.

When it comes to divorce in New Jersey, by far the most peaceful path forward is a no-fault divorce. If a spouse has not committed some wrongdoing that has irrevocably destroyed the relationship, and instead the couple is simply headed for the rocks due to irreconcilable differences, a family law attorney at The Montanari Law Group will help you confidently and effectively come to a divorce settlement. Contact a member of our team today to get started with your no-fault divorce, and read on to learn about some of the specific advantages of a New Jersey no-fault divorce.

Leading Reasons for No-Fault Divorces in NJ Courts

Collaborative Environment

When a couple has irreconcilable differences, both spouses usually suffer from this and, as a result, are relieved by the idea of divorce. At the very least, in the absence of a spouse committing a wrong that draws ‘fault,’ there are not as many fiery emotions that can make the process of negotiating the terms of divorce difficult. With the support of a skilled divorce attorney, divorce proceedings can take on a collaborative and amicable atmosphere, where both parties receive a fair and equitable distribution of assets, custody, and spousal support. A slighted spouse can use all kinds of manipulative, hurtful, and damaging tactics in divorce, so the absence of that dynamic is a huge boon in a no-fault divorce.


Because of a friendly or cooperative interchange between spouses in a no-fault divorce, the terms of the divorce settlement are often agreed upon much quicker. Both parties are far more likely to work actively with their attorneys, mediators, court-appointed panels, or the Family Court judge to settle disagreements about assets, custody, child support, and alimony in a relatively swift manner. Disagreements come from genuine disagreements and not emotionally-inspired revenge tactics.


The faster a divorce, the cheaper it is. Extensive back-and-forth, divorce mediation, and even litigation rack up costs due to attorney and court fees. A collaborative couple in a no-fault divorce proceeding can get through the business of breaking up with little to no need to involve the Superior Court: Family Part or additional parties that could draw out the process.


Often fault divorces go to litigation. When this happens, documents entered into evidence and testimony go on the public record. This can lead to personal embarrassment and another social residue. Divorce proceedings that are handled privately by both spouses’ family law attorneys stay off the record, with no need to air dirty laundry.

Why Most People get a No Fault NJ DivorceFamily

The process of divorce is hard enough on the family, especially children. A lengthy, costly, emotionally charged, and public divorce can make a huge mark on them, causing a trauma that takes years to recover from. Children have enough emotional matters to contend with as they learn to navigate custody, visitation, and a shifted experience of life itself. Witnessing parents who are doing their best to work together, even in this hard time, makes all the difference, and a no-fault divorce is an essential element of that.

Reduce the Stress of Your Divorce with Montanari Law Group

There are enough things to consider when it comes to divorce. A skilled and experienced divorce lawyer at The Montanari Law Group can take the mountain off of your shoulders, guide you through the process with ease of expertise, and help you get business taken care of while you focus on self-care, family, and moving forward. Even in the most amicable of no-fault divorces, there are essential elements and processes that must be accounted for in order to ensure that all marital assets are on the table and the divorce is truly equitable.

Our family law team has decades of experience representing clients in Ridgewood, Wayne, Kearny, Elmwood Park, Hawthorne, Fort Lee, and elsewhere in Passaic County, Bergen County, Essex County, and Northern New Jersey. We pride ourselves on helping our clients get financial footing to move forward with familial stability through custody and visitation agreements spelled out to the tee, and peace of mind knowing that all of the bases are covered.

Contact our Little Falls office today at (973) 233-4396 or fill out our online form to get started with your no-fault divorce.


To speak with one of our highly knowledgeable attorneys, contact us today at (973)-233-4396 or toll-free at (888)-877-7985. You can also complete the form below to begin your conversation. We are a personalized, boutique-style law firm that offers free initial consultations and flexible appointment options.