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Who Is At Fault in A Sudden Divorce?

Contact a Whitehouse Divorce Lawyer from Martin & Tune, Attorneys at Law About All Legal Matters Related to Divorce.

Marriages can end in different ways and while some spouses are well aware of existing problems, others are completely blindsided when they are told of their partner’s desire to end things. The term for this is “Sudden Divorce Syndrome,” and it can be shocking, to say the least. Men are more often the ones who receive the unexpected news, but who is generally at fault in these kinds of split-ups?

How Do Sudden Divorces Happen?

Sudden divorces are not considered typical. Without letting the other person know of their intentions, a spouse might simply move out without any notice. Some might leave a note on the table or send a text, but these ways of breaking up can be profoundly hurtful and even traumatic to the unsuspecting partner. 

It makes sense that sudden divorces are likelier to occur with couples that do not communicate well or often. Oftentimes, one spouse repeatedly brings up a problematic issue (infidelity, alcohol and drug abuse) but the other person does not make an effort to change the problem. Finally, the spouse who is upset gives up and stops talking about it. He or she might feel that there is no option but to get out of the situation as soon as possible, and the partner is then shocked to be served with divorce papers. This is only one example, though – sudden divorces also occur for other reasons.

Who is at Fault for My Divorce?

Every divorcing couple has a unique situation and while the fault may lie with one partner, it can also be based on things that both have done. Some of the main causes of divorce include:

  • Communication problems: This is hardly surprising, especially with face-to-face communication being substituted with text and email more frequently. Couples that constantly argue or cannot express their needs might find that they disagree about the same topics over and over again.
  • A lack of commitment: A spouse who is not willing to work on their communication skills might not be committed to making the marriage succeed. Other examples of a lack of commitment include extramarital affairs and never leaving work early enough to spend quality time together.
  • Incompatibility: A married couple could be together for decades and slowly grow apart, while others find they are incompatible much sooner than that. Things like a lack of shared values, religious differences, and sexual difficulties can lead to this problem.

Some of the other main reasons for divorce include financial incompatibility, conflicts over family responsibilities like babysitting and household chores, and domestic abuse. 

Does New Jersey Have At-Fault Divorces?

New Jersey couples who are dealing with sudden divorces can opt for no-fault or fault-based divorces, so assigning fault is not always necessary. No-fault divorces are based on irreconcilable differences, which could include any of the causes listed above. No-fault divorces do not require court time and can be easier for separating couples and any children that they share.

With at-fault divorces, a spouse has to show that the other one’s behavior led to the divorce. Grounds for fault in New Jersey include physical or mental cruelty that endangers the other spouse’s health or safety, drug/alcohol abuse that lasts for 12 months or more, willful desertion, and adultery. These incidences of “misconduct” can impact court decisions about alimony, child custody and visitation, and property division.

Contact a Whitehouse Divorce Lawyer from Martin & Tune, Attorneys at Law About All Legal Matters Related to Divorce

Divorce is stressful, but a trusted Whitehouse divorce lawyer at Martin & Tune, Attorneys at Law can guide you through the process. For a confidential consultation, call our Whitehouse, New Jersey office at 908-534-9091 or complete our online form. We help divorcing spouses throughout New Jersey, including Hunterdon County, Monmouth County, Whitehouse, and Tewksbury.

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