Will Adultery Impact My New Jersey Divorce?

If your spouse has committed adultery, you are likely looking into your divorce options. Every divorce is different depending upon the circumstances. Adultery can impact your divorce proceedings in a number of ways. Read on to learn more.

What Are New Jersey’s Grounds for Divorce?

When going through a divorce in New Jersey, spouses can cite either “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. This can include adultery. 

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

When a spouse commits adultery, neither party in the marriage is required to cite fault grounds in their divorce. In these situations, spouses may choose a no-fault divorce in order to avoid a lengthy legal battle. They may also choose to take part in various alternative methods such as mediation, arbitration, or collaborative divorce. This allows them privacy, as the grounds cited for divorce can be public record. That being said, in cases of adultery, emotions run high and it may not be possible to settle a divorce outside of court. Every divorce is different, and there is no right or wrong when it comes to the process you choose.

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 a fault or no-fault divorce.
  • 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.

If you have any questions or concerns regarding adultery in a New Jersey divorce, contact our firm today to discuss.

Contact our Firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.