The Impact of Ending No-Fault Divorce and Why We Must Protect It In New Jersey

No-fault divorce has been a part of New Jersey divorce law for years. No-fault divorce allows couples to divorce amicably by saying “irreconcilable differences,” a solution that has worked for thousands of New Jersey couples who want to move on with their lives without the drama. But some conservative groups and legislators are pushing to get rid of no-fault divorce, saying it will strengthen family values and reduce divorce rates. If New Jersey considers ending no-fault divorce, the consequences will be huge, socially, economically and emotionally. This article will explore what that means for everything from domestic violence survivors to the courts. What is No-Fault Divorce? No-fault divorce allows couples to divorce without assigning blame or fault to one spouse. Instead of proving adultery, cruelty, abandonment, or other causes of divorce, spouses can just say “irreconcilable differences.” In New Jersey, no-fault divorce is available on these grounds and is an alternative to fault-based divorce. The purpose of no-fault divorce is to reduce conflict, simplify the divorce process and protect individual privacy. Fault-based divorce requires one spouse to make allegations of blame for the divorce in the initial filing and, eventually, prove something against the other which can lead to long and nasty court proceedings. Social Impacts of Ending No-Fault Divorce Impact on Domestic Violence Survivors One of the biggest impacts of no-fault divorce going away would be on domestic violence victims. No-fault divorce is a lifeline for survivors to get out of abusive relationships without having to face their abuser in a long, blame-based legal battle. According to advocates like the National Organization for Women (NOW), getting rid of no-fault divorce would force abuse survivors to endure even more trauma as they would have to prove their partner’s wrongdoing in court. This would put victims in even more danger as they may be forced to stay in unsafe relationships because of the complexities and risks of a fault-based divorce. Impact on Children Children are often in the middle of divorce and no-fault divorce laws minimize the emotional impact on them. By avoiding fault-based arguments, no-fault divorce keeps parental conflict to a minimum so children can adjust to new family dynamics more easily. Without a no-fault option, children would have to witness their parents blaming each other in court. Research shows that children of high-conflict divorce are more likely to develop emotional and behavioral issues which can have long-term effects on their well-being. Social Stigma and Judgment No-fault divorce has reduced the social stigma of divorce by making it more accessible and less adversarial. Going back to a fault-based system would reverse that progress, especially for women who will face more judgment and blame for the divorce. This stigma would disproportionately affect women who choose to leave a marriage for valid personal reasons like unfulfilling or toxic relationships but don’t meet the high burden of proof in a fault-based system. And the fear of public judgment would keep some people from getting a divorce altogether and stay in unhealthy or unhappy relationships. Economic Impact of Ending No-Fault Divorce Financial Burden The financial aspect of fault-based divorce is a big consideration. When fault has to be proven, divorces can become longer, more complicated, and more expensive. The need to gather evidence, present witnesses and argue each side of the case means higher legal fees and more court dates. For lower income couples the increased financial burden of a fault divorce could be a huge barrier to getting a divorce and some may not have the resources to get a divorce at all. Also, since the allegations of fault must be made in the initial filing with the Court, the case starts off even more adversarial and contentious than it would have otherwise. Workplace Productivity and Financial Stability Divorce stress can affect work productivity, and the prolonged nature of a fault-based divorce will only make it worse. Long legal battles combined with financial uncertainty can strain an individual’s mental health and focus and affect their work performance. A fault-based divorce system will have a ripple effect and impact not only the individual’s financial stability but also local businesses and workplaces in New Jersey. Property Division and Alimony In no-fault divorce, property division and alimony awards are generally more straightforward as these are decided without who’s at fault. Even under a fault-based divorce, courts do not generally take the “fault” of one party into consideration when awarding alimony or dividing marital assets and liabilities. This means there is little, to no, legal benefit of filing under a fault-based cause of action for divorce. What Ending No-Fault Divorce Means for Women’s Rights and Gender Equality Women’s Self Determination and Safety The passage of no-fault divorce laws in the 1970s was a big win for women’s rights, giving women more autonomy and safety in their marriages. Advocates say repealing no-fault divorce will roll back that progress and limit women’s ability to leave marriages on their own terms. As NOW and Ms. Magazine put it, going back to fault-based divorce will have particularly devastating effects on women who are already disadvantaged due to financial dependency or abusive relationships. The ability to divorce without blame has given countless women the freedom to pursue their own independence; taking that away would undermine that freedom. Economic Inequality for Women In fault-based systems women are more vulnerable to financial hit, especially if they don’t have the resources to prove their partner’s fault. Historically women have faced economic disadvantage post-divorce as they often take on primary caregiving responsibilities that limit their earning potential. No-fault divorce helps to level the playing field by allowing for a faster and less adversarial process. Repealing no-fault divorce will only make these inequalities worse and could force many women into long and costly legal battles. Historical Context and No-Fault Divorce Advocacy The push for no-fault divorce was a response to an unfair system that left individuals, especially women, financially and socially disadvantaged. Repealing no-fault divorce will unravel decades of progress in family

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Signs of Divorce: 7 Warning Signs of Impending Divorce

Marriage is a partnership that requires love, trust, and respect from, and to, both spouses. But even the strongest of marriages have challenges and sometimes those challenges can feel impossible to overcome. It’s important to know when your marriage is struggling so you can address issues before they’re too late. Not every rough patch ends in divorce but being aware of these signs can help you know if your relationship is in trouble. This article reveals 7 signs of divorce that could indicate that your marriage is headed for divorce and what you can do to try and save it. It will also tell you when to consider talking with a divorce lawyer if reconciliation seems unlikely. No Communication Communication is the foundation of any successful relationship. When couples stop communicating effectively it can lead to misunderstandings, resentment, and a breakdown of emotional intimacy. If you find yourself avoiding conversations with your spouse, or if conversations regularly end in arguments or hostility, this could be a sign your marriage is in trouble. A lack of communication doesn’t always mean you’re arguing; it could be the complete absence of any meaningful conversation. If you or your spouse has stopped sharing thoughts, feelings, or daily experiences, it’s a sign of emotional distance. In the long run this distance can lead to loneliness in the marriage and make it easier for one or both of you to leave. Emotional Distance or Indifference Emotional distance often goes hand in hand with no communication. When a spouse becomes emotionally withdrawn or indifferent it’s one of the clearest signs the relationship is struggling. You may notice your partner no longer shows affection, doesn’t talk about future plans or seems uninterested in your daily life. Indifference is more damaging than anger. When someone no longer cares enough to be upset or disappointed it often means they’ve emotionally checked out of the marriage. This emotional void can make you feel isolated even if you’re still living under the same roof. Fighting Over Small Stuff All couples argue from time to time but if you find yourself constantly fighting over small things it may be a sign of deeper underlying issues. Disagreements over small things like household chores can escalate into big conflicts because they’re often a reflection of bigger problems like resentment, unmet expectations, or lack of appreciation. Fighting creates a hostile environment where neither partner feels heard or respected. Over time this pattern of conflict wears down trust and intimacy and drives a wedge between you and your spouse. If you can’t have small conversations without them turning into full blown fights it may be time to address the underlying issues. No Physical Intimacy Physical intimacy is an important part of a healthy marriage. It creates closeness, connection, and affection between partners. While it’s normal for sexual activity to ebb and flow throughout a marriage, a prolonged lack of intimacy can be a sign the relationship is in trouble. When one or both partners no longer want physical closeness it often means an emotional or psychological disconnect. The absence of affection – whether it’s hugs, kisses or sexual activity – can make a couple feel like roommates. If this continues it can widen the emotional gap between partners and make it harder to reconnect. Financial Secrecy or Disagreements Money is one of the top causes of stress in marriages. Disagreements over finances can create tension especially if one partner is secretive about spending or hides big financial decisions. Financial infidelity – hiding debt, opening secret accounts or making big purchases without telling your spouse – can erode trust and feelings of betrayal. Even if there’s no financial secrecy frequent disagreements over money – whether it’s about spending habits, saving or investing – can strain a marriage. You need to be on the same page about financial priorities as these issues can snowball into bigger conflicts if left unresolved. Loss of Shared Goals and Interests As individuals grow and change over time it’s normal for their goals and interests to evolve. But when couples no longer share common goals or interests it can create distance in the marriage. You may find you no longer enjoy doing things together or your future plans are no longer aligned. When one or both partners start living separate lives it’s easier to drift apart. This doesn’t mean couples have to spend every waking moment together or have identical goals but sharing experiences and interests is key to keeping the connection alive. If you’re living parallel lives rather than a shared one, it may be a sign your marriage is struggling. Thinking About Life Without Your Spouse Perhaps the biggest sign your marriage is headed for divorce is when you or your spouse starts seriously thinking about life without each other. If you’re daydreaming about being single, imagining what life would be like without the responsibilities of marriage or even making plans for a future without your spouse, it’s a clear sign you’re emotionally detaching from the relationship. When these thoughts become regular they can be an emotional exit from the marriage. At this point one or both partners may be mentally preparing to move on even if they haven’t taken any concrete steps towards divorce. What To Do If You Recognize These Signs of Divorce in Your Marriage If you recognize any of the signs of divorce above don’t panic. Many marriages go through tough times and can be saved with effort, communication and professional help. Here’s what you can do to try and fix or save your marriage: Communicate Openly The first step to fixing marital problems is to have an open conversation with your spouse. Talk calmly and listen without judgment. Don’t use blaming or accusatory language and instead focus on how you both can work together to fix the issue. Set aside time to talk without distractions so both feel heard. Seek Professional Help Marriage counseling can be very helpful when couples can’t resolve issues on their

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Financial Considerations in Divorce

Family Law Attorney, Matthew Abatemarco, appeared on the “Ask the Experts” Podcast hosted by Doug Lyons, CFP of Oceanic Capital Management, LLC. where they discussed Financial Considerations in Divorce.

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