Irreconcilable Differences May Be Approved for Divorce in New Jersey
New Jersey took a step toward revamping its grounds for divorce for the first time in 35 years when on October 23 the Assembly Judiciary Committee approved adding "irreconcilable differences" as a cause of action for divorce.
If passed, bill A-483 would mean that if a person can prove that irreconcilable differences have caused the breakdown of the marriage for six months and which make it appear that the marriage should be dissolved and there is no reasonable prospect of reconciliation, a divorce should be entered.
Under current New Jersey law, the only "no fault" ground for divorce requires 18 months separation in different households with no reasonable prospect of reconciliation. Although similar bills have been introduced during the past, this is the first time "irreconcilable differences" has enjoyed wide legislative support. It should be noted, however, that opponents of the bill are contending that the 6 month period is too short for couples to work through their problems. Nonetheless, the sponsors of A-483 are optimistic of the bill's eventual passage.
I will be updating this article as bill A-483 proceeds through the legislative process.
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Can you please correct me if I am wrong, but in reading the new Bill it is silent on the issue of separation. I'm assuming that this means it is not necessary, but would like to make sure I am interpreting this bill correct.
Thanks.
Kristen - In response to your question, the proposed legislation contains two provisions which must be satisfied. First, the "irreconcilable differences" must have caused a "breakdown of the marriage" for at least six months (no separation required). Secondly, there must be no reasonable prospect of reconciliation.
Assuming the bill passes (which is very likely), how these terms are interpreted by courts remains to be seen, although the last part is exactly the same as the current 18 month separation "no fault" ground for divorce which relies upon the sworn testimony of the party seeking divorce to state that there is "no reasonable prospect of reconciliation".
Hope this helps.
It does help . . . I'm very interested to see what a "breakdown in marriage" will be interpreted as.
I've been "counseling" a family member through the beginnings of a divorce and she's praying this Bill passes so she can keep it "clean" for her kids.
Thanks for the response.
when do you expect this new bill to be effective
When will this legislation go through, or at least attempt to go through? Is it more than likely going to pass?
JB and Mike - Thank you both for your inquiries regarding the status of the pending irreconcilable differences bill. Having been passed by both houses of the Legislature, it is presently on Governor Corzine's desk. I and others are hopeful he will sign it into law shortly.
Please advise if one party contests this no fault 6 month divorce will it take. I guess can one parth hold up the 6 month divorce?
Can the new type of NJ divorce be filed by one of the two married partners, or does it have to be filed jointly?
Leigh,
You are correct that one party can delay the divorce by contesting any issue, including the grounds for divorce. Other issues would be custody, parenting time, alimony, child support and/or division of the marital assets. Once someone files an Answer to the Complaint denying the allegations, the case is placed on "contested" status and proceeds more slowly than if it were uncontested.
I'm not sure this exactly answers your question but hope it helps.
John Eory
Dave,
One party can file. Hope this helps.
John Eory
Has the new legislation been signed into law yet?
Ex seems to think that child support payment of $54/week for our daughter fulfills to his obligation to share her college expenses. I was not in agreement with sending her to this college since her grades in the 2nd half of senior year had dropped. She was warned by both of us that if the grades do not go up, no UNCW. They went DOWN to D's and F's! Then, he COSIGNS college loans for her to attend that college WITHOUT MY KNOWLEDGE. Since Sept., I send her $385.every month. They see that as Dad's contribution towards college, coming from his child support payment of $54.00 a week? I am the custodial parent and have paid EVERYTHING towards her school expenses,I provide a home for her, pay her car insurance, car maintenance, I've paid college app. fees, her laptop, a trip down south to visit 4 colleges. I've paid for everything else she has needed. He pays for NOTHING other than the $54 in child support. Now he wants to take ME to court! because I'm not paying my fair share?????
Will,
Thanks for your inquiry. The bill was passed into law in February. The requirements are (a) the existence of irreconcilable differences for at least six months and (b) that there is no reasonable prospect of reconciliation.
Jean,
Thanks for your inquiry. Assuming you have a Property Settlement Agreement, it should contain specific language re: payment of college tuition and other expenses. If no, (e.g. if the PSA is silent on the issue or does not exist). NJ law requires both divorced parents to be responsible for such expenses based on a variety of factors which are too extensive to deal within this reply. If you wish to schedule a consultation to meet and discuss such issues in detail, as well as how to legally proceed,please call my assistant, Sheila Morris, for an appointment. Her # is (609) 219-7412.