Filing for Divorce in New Jersey Due to Adultery: What You Need to Know
Discovering that your spouse has cheated on you is heartbreaking. If you're thinking about getting a divorce in New Jersey because of infidelity, here’s what you need to know:
Adultery as Grounds for Divorce
New Jersey allows both no-fault and fault-based grounds for divorce. Adultery is one of the fault-based grounds you can cite when filing. To prove adultery, you'll need to provide evidence such as:
Hotel receipts
Phone records
Emails or text messages
Photographs
Witness testimony
You don't necessarily need direct evidence of sexual encounters. Showing your spouse was inclined toward adultery and had the opportunity to engage in it may be sufficient.
Impact on Alimony
Contrary to what many believe, adultery doesn't automatically impact alimony decisions in New Jersey. Judges consider many factors when determining alimony, and adultery itself is not one of them.
However, if the unfaithful spouse used marital assets to finance the affair - for example, spending money on lavish gifts or trips - this could affect the financial settlement. The judge may compensate the wronged spouse by ordering higher alimony payments.
Property Division
New Jersey is an "equitable distribution" state, meaning marital property is divided fairly, but not necessarily equally. While adultery itself doesn't directly impact property division, the financial consequences of an affair might. If marital funds were used to support the affair, this could be factored into the property division.
Child Custody and Support
Adultery generally doesn't affect child custody or support decisions unless the unfaithful spouse's behavior has directly impacted the children's well-being.
Considerations When Filing
While you can file for divorce citing adultery, it's worth considering whether this is the best approach. Filing on fault-based grounds can be more time-consuming, expensive, and emotionally draining than filing for a no-fault divorce.
Additionally, proving adultery in court means airing private matters publicly. This can increase conflict and make it harder to reach an amicable settlement.
Consult with an Experienced Attorney
If you're considering filing for divorce due to adultery, it's crucial to consult with an experienced family law attorney. They can help you understand your rights, guide you through the process, and advise on the best strategy for your specific situation.
Remember, while adultery can be emotionally devastating, it doesn't necessarily give you an advantage in divorce proceedings. Your focus should be on securing a fair settlement that protects your interests and allows you to move forward.
At the Law Office of Steven H. Wolff, we're here to support you through this challenging time. Contact us today to schedule a consultation and discuss your options.
Disclaimer
Please note that the information provided in our blog posts is for general informational and educational purposes only. These articles are not intended to be a substitute for professional legal advice. Each legal situation is unique and complex, and the general information provided here may not be applicable in all cases or reflect the most current legal developments.
We strongly advise that you consult with a qualified attorney who can provide advice tailored to your specific circumstances and needs. Relying solely on the information presented in these blog posts without seeking professional legal advice is not recommended and could lead to unintended legal consequences.
Remember, the law is constantly evolving and varies by location, and therefore the specifics of your situation need to be discussed with a legal professional who is licensed to practice in your jurisdiction.
By reading and using the information in these blog posts, you understand and agree that there is no attorney-client relationship being established between you and the blog's authors or the website hosting the blog. This blog is not a substitute for legal advice from a licensed professional attorney in your state.
