Divorce represents the irreparable breakdown of a marriage. Though each partner is likely to blame each other for the marriage falling apart, in most cases they also both agree that the time has come – or at least that they want to find the easiest route to freeing themselves of the legal process. Fortunately, both the state of Pennsylvania and the state of New Jersey offer the opportunity to file for a “no-fault” divorce. This process permits both spouses to consent to the fact that their union is irretrievably broken and avoids the process of assessing blame within the court system.

A no-fault divorce is also referred to as a mutual consent divorce. It shortens the process considerably, allowing couples to get through all of the paperwork and various steps that are involved in as little as three to four months. This is not only easier than the standard process: it also ends up saving both sides a significant amount of money in legal fees. If you and your spouse are both amenable to getting divorced, you can avoid a process that typically takes at least two years.

When both you and your spouse agree to a no-fault divorce, the issues that need to be resolved, including child custody and support, can be addressed at any time, but equitable distribution and alimony (if applicable) have to be resolved prior to filing the papers. Once you’ve agreed on spousal support and the disposition of your property, you can file divorce papers with the court. Ninety days later, both of you will sign an affidavit confirming that you each agree that your marriage is irretrievably broken and that you both agree to the divorce. Upon receipt of these signed documents, the court will make your divorce legal.

Though some people believe that a mutual consent/no-fault divorce is something that they can do on their own, this is generally only the case in the simplest situations, where there is no issue of child custody or child support to be determined and the couple is in complete agreement about the disposition of assets. Even under these straightforward situations, the paperwork can be confusing and the process, time-consuming. If you are considering a no-fault divorce and would like assistance with the process, or if issues about property division or child custody are in any way under dispute, an attorney will likely be needed to help with calculations and negotiation. Call our office to speak to a compassionate, experienced attorney who can help you understand the process and protect your rights.