Posted On: August 3, 2008 by Jonathan Rudnick

Irreconcilable Differences:

Irreconcilable Differences: N.J.S.A. 2A:34-2(i). This is a new cause of action that was passed in New Jersey in January 2007. New Jersey waited a long time to get this particular statute. Simply stated, people can now get divorced without having to wait out an 18 month separation and without having to blame the other party. Irreconcilable differences requires that the parties have differences that led to the breakdown of the marriage and there is no reasonable prospect of reconciliation.

As an attorney, I was grateful to see this law passed because prior to January 2007, if you wanted to file for divorce and you had not been separated for 18 months, you had to say pretty awful things about the other party in your Complaint for Divorce. That is no longer the case with this mew statute. The Complaint is the first paperwork that your spouse will receive concerning dissolution of the marriage. It can be a very emotional document that has the power to turn a fairly amicable situation into a nightmare. This new cause of action has taken a lot of the emotion out of the Complaint which has helped keep the peace during a very volatile time.

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