Has your spouse filed for a fault-based divorce? If so, you and you divorce lawyers have to get together and decide if you should offer a defense against the charges. When it comes to NJ divorce laws, a judge will hear both sides and favor of one party. So, how much weight does that judge’s decision carry?
Judge’s Take on How to Get Divorced in NJ
The judge’s decision can affect alimony in NJ, and whether one party has to pay the other’s legal fees and costs. When it comes to how to get divorced in NJ, there are several common divorce defenses you can use if your spouse files for a fault-based divorce.
According to a well-known divorce attorney NJ practice, condonation is one spouse’s acceptance of the other spouse’s wrongful behavior that could be otherwise used as grounds for a divorce. For instance, if a man sues for divorce on the grounds of adultery, the wife may defend herself by claiming her husband condoned the behavior. For a condonation defense to be accepted by NJ divorce laws, the court must find:
- The condoning spouse knew of the other spouse’s behavior
- The condoning spouse forgave his or her spouses behavior
- The condoning spouse continued to have physical relations with his/her spouse
Similar to condonation, reconciliation is when the spouse who filed for divorce has forgiven his/her spouse and resumed the marriage. As far as how to get divorced in NJ, these are typically acts of forgiveness that occur after filing for divorce—but before the divorce is finalized.
Connivance is most commonly used defense against adultery charges in divorces according to divorce attorney NJ records. This is when one spouse consents to the other’s wrongdoing, then claims that wrongdoing as grounds for divorce. Let’s say a wife consented to her husband’s affair, then filed for divorce on the grounds of adultery. He could defend himself claiming connivance.
When an accused spouse attempts to stop the divorce by claiming that the other spouse is guilty of wrongdoing, this is recrimination. Essentially, both of the spouses have done some sort of wrongdoing, and they’re trying to use it against each other. Many divorce lawyers say that the courts look at the circumstances of each case individually in these cases. Keep in mind, many states have limited or entirely eliminated recrimination as a defense in divorce disputes.
- Understand the Consequences
If your spouse has filed for a fault-based divorce, talk to your divorce attorney. NJ and every other state have their own regulations about possible defenses. Your lawyer can help you understand your options, including how to handle alimony in NJ, child support, what defenses are available in NJ, and the possible legal consequences of those defenses. A little legal help goes a long way.