Written/Reviewed By:
Barry S. Kantrowitz, Esq.
Last Updated: Jan 19, 2018
Read Time: 6 mins
In New Jersey, which allows no-fault divorce proceedings, many couples cite irreconcilable differences as justification for their split. As the term implies, irreconcilable differences is an inability for two married people to resolve disagreements or differing opinions, leading to a hostile and unhappy relationship. In such situations, where marriages are broken beyond any hope of repair, couples may agree that staying together is not in their, or their children’s, best interests.
What Is a “No-fault Divorce”?
No-fault divorces are those in which blame is not allocated to any one single party. Neither person has committed egregious acts such as adultery or extreme cruelty that purposefully undermined the marriage. Abandonment, domestic violence and other types of bad behavior are grounds for seeking an “at-fault” divorce.
In 2010, New York became one of the last states in the nation to recognize no-fault divorces, by amending legislation to add “irretrievable breakdown of the marriage” as grounds to terminate a marriage.
While the phrasing is different in NY, irretrievable breakdown of marriage is equivalent in meaning to irreconcilable differences as grounds for a no-fault divorce.
For some partners, this breakdown may entail ongoing disagreements about finances, personal trust issues, or the best way to discipline the children.
Others may argue constantly over the most mundane details, driving a permanent wedge in their relationship. Whatever types of disagreements and conflicts are experienced between spouses, they must – under New York law – last at least 6 months before the marriage is considered irretrievably broken in the eyes of the court.
Examples of Irreconcilable Differences
Citing irreconcilable differences or irretrievable breakdown of marriage as grounds for divorce is an effective way of avoiding a long and potentially fractious proceeding. When personality conflicts, constant bickering and growing resentment chip away at the health and stability of a marriage, couples may decide they can no longer stay together. This justification has become increasingly common, with more than 50 percent all divorce cases claiming irreconcilable differences.
Examples of irreconcilable differences include:
- Disagreements on finances and debt problems
- Loss of trust in the relationship
- Work that causes protracted long-distance separation
- Lack of sexual intimacy
- Personality conflicts
- Communication difficulties
- Failure to help in the household
- Differing political opinions
- In-law and familial involvement
- Growing apart due to different life goals and interests
Navigating The Complexities Of Divorce
Divorce is a delicate process, but your New Jersey and New York divorce lawyer can help you through it. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we understand the intricacies involved and are committed to providing our clients with compassionate, comprehensive legal support during this difficult time.
1. Understanding Divorce Law
Divorce law encompasses a range of issues from the division of assets and debts to child custody and support. The laws governing these aspects can vary significantly from state to state, making it crucial to have a knowledgeable legal team on your side. Our attorneys stay abreast of the latest legal developments and use their extensive experience to offer tailored advice and strategies.
2. The Importance Of Legal Representation In Divorce
While some may consider handling their divorce independently, the complexities of legal procedures and the potential for high-stakes outcomes make professional representation vital. An experienced divorce attorney can help navigate the maze of legal paperwork, ensure fair and equitable distribution of assets, and advocate for your rights in custody arrangements. Our firm prioritizes your interests and works tirelessly to secure the best possible outcome.
3. Child Custody And Support
Child custody and support are often the most contentious issues in a divorce. Our approach focuses on the best interests of the children, aiming to establish custody arrangements that foster their well-being while also respecting your rights as a parent. We understand the sensitivity of these matters and strive to reach resolutions that minimize conflict and promote a positive co-parenting environment.
4. Asset Division
Divorce often involves the division of property, assets, and debts accumulated during the marriage. This process can be complex, especially when dealing with high-value assets, retirement accounts, and real estate. A New Jersey and New York divorce lawyer from our team will have the expertise to ensure a fair division, taking into account factors like the length of the marriage, each party’s financial contribution, and future financial needs.
5. Spousal Support
Spousal support, or alimony, is another critical aspect of many divorces. Whether you are seeking support or are required to provide it, we work to ensure that the arrangement is fair and reflective of the financial realities of both parties. Our goal is to secure arrangements that allow our clients to maintain financial stability post-divorce.
6. The Mediation Option
For couples seeking a less adversarial approach to divorce, mediation offers an alternative. This process involves a neutral third party who helps the couple negotiate and resolve disputes outside of court. Our attorneys are skilled in mediation and can guide you through the process, helping to reach amicable agreements that are in everyone’s best interests.
7. Post-Divorce Modifications
Life circumstances change, and sometimes post-divorce modifications are necessary. Whether it’s changes to child custody arrangements, support payments, or other aspects of the divorce agreement, we can assist in revising the terms to reflect your current situation.
Get In Touch With Us Today
Choosing the right legal representation is crucial in a divorce. Our firm combines legal expertise with a deep understanding of the emotional toll of divorce. We offer personalized attention, clear communication, and a commitment to achieving the best outcomes for our clients.
If you’re facing the prospect of divorce and need legal guidance, don’t hesitate to reach out to us. The team at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. is ready to provide the support and expertise you need during this challenging time. Get in touch with us today, and see how a New Jersey and New York divorce lawyer from our office can help.
Divorce Attorneys in New York & New Jersey
Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. is a full-service firm specializing in family law and matrimonial law. If you are considering filing a no-fault divorce in New Jersey or New York, it’s important to consult with an experienced attorney who can outline the process and safeguard your best interests. To set up a consultation with one of our divorce lawyers in Bergen County or Rockland County, please call our toll-free line at (888) 311-4803.
Additional Resources on Irreconcilable Differences:
- Cornell Law, irreconcilable differences https://www.law.cornell.edu/wex/irreconcilable_differences
- NY Courts, Divorce https://www.nycourts.gov/courthelp/family/divorce.shtml
