Will Adultery Affect the Outcome of my New Jersey Divorce?

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Adultery is an incredible betrayal. If your spouse has committed adultery, you may be looking into your divorce options. Read on to learn more about how adultery may affect the outcome of your New Jersey divorce.

What Are New Jersey’s Grounds for Divorce?

When going through a divorce in New Jersey, spouses can cite “fault” or “no-fault” grounds as reasoning for their divorce. In the event of physical separation for 18 consecutive months or more, or irreconcilable differences for at least a year, spouses may cite no-fault grounds. On the other hand, fault grounds can be filed when a spouse commits certain marital misconduct, including adultery.

Do I Have to Cite Fault Grounds if My Spouse Committed Adultery?

Many couples choose to partake in a no-fault divorce, even if one spouse is to blame. This is because a no-fault divorce is usually faster, easier, and more private. Divorces in which couples cite fault grounds may become public record, and they may also require you to provide proof of the grounds. It is also important to note that courts cannot deny a no-fault divorce. Additionally, some couples may partake in divorces outside of the court, through methods such as mediation, arbitration, or collaborative divorce. In order to determine what method of divorce is best for you, you should speak with an experienced divorce attorney.

Can Adultery Impact Divorce Proceedings?

There are many different factors that go into the determinations of divorce proceedings. The length of marriage and circumstances of the divorce are just some of the contributing factors. The following are a few ways adultery may impact your divorce proceedings:

  • Division of Assets: The equitable distribution of marital property is not impacted by citing fault or no-fault grounds.
  • Alimony and spousal support: A spouse who committed adultery may be awarded less alimony or be required to pay more in alimony. 
  • Child custody: Marital misconduct may impact custody if the misconduct was potentially harmful to the child. 
  • Child support: Adultery could possibly impact child support through a trickle-down effect after receiving less parenting time due to the child custody agreement, therefore resulting in more child support.

If you have any questions or concerns regarding adultery and how it may affect a New Jersey divorce, contact our firm today.

Contact our Firm

We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928

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