Adultery is one of the most common grounds for divorce in the United States. It can be defined as voluntary sexual intercourse between a married person and someone who is not their spouse. In the state of New Jersey, adultery can have a significant impact on divorce cases, affecting the outcome of property division, alimony, and child custody disputes. In this blog post, we will explore the impact of adultery on divorce cases in New Jersey
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Adultery and Property Division
In New Jersey, property division in a divorce is based on the principle of equitable distribution. This means that marital property is divided fairly between the parties, considering factors such as the length of the marriage, each party’s contribution to the marital assets, and the economic circumstances of each spouse after the divorce. However, if one spouse has committed adultery, it can affect the property division.
New Jersey courts have held that adultery is not a relevant factor in determining equitable distribution. However, if the adulterous conduct caused the depletion of marital assets, then it may be taken into account when dividing property. For example, if one spouse spent a significant amount of marital funds on a lover or engaged in financial misconduct to support an extramarital affair, the court may order that spouse to reimburse the other spouse for their share of the marital assets that were dissipated.
Adultery and Alimony
Alimony is a payment made by one spouse to the other to provide financial support after divorce. In New Jersey, alimony is determined based on factors such as the length of the marriage, each spouse’s income and earning capacity, and the standard of living during the marriage. Adultery can also impact alimony awards.
Under New Jersey law, adultery is not a bar to alimony. However, the court may consider the circumstances of the adulterous behavior when making an alimony determination. For example, if the adulterous spouse spent significant marital funds on the affair or engaged in behavior that caused emotional harm to the other spouse, the court may order a higher alimony award to compensate for these losses.
Adultery and Child Custody
In New Jersey, child custody decisions are made based on the best interests of the child. The court will consider factors such as each parent’s ability to provide for the child’s needs, the child’s relationship with each parent, and any history of domestic violence or substance abuse. Adultery may also be considered when making child custody determinations.
While adultery, in and of itself, is not a factor that determines child custody, the behavior of the adulterous spouse may be relevant. For example, if the adulterous spouse introduced the child to their lover or engaged in behavior that demonstrated a lack of judgment or parental responsibility, the court may use these factors to limit that spouse’s custody rights or parenting time.
Additionally, it is important to note that in New Jersey, adultery is not a crime, and therefore, it does not carry any criminal penalties. However, it is still a factor that can have consequences in divorce proceedings. It is also important to keep in mind that the burden of proof for adultery is high, and it must be proved by clear and convincing evidence. Therefore, it is essential to have a skilled attorney who can provide guidance on how to gather evidence and present it in court.
It is worth mentioning that in New Jersey, the concept of “no-fault” divorce exists, meaning that neither party needs to prove fault or wrongdoing to obtain a divorce. However, if one party committed adultery, it could still have an impact on issues such as property division, alimony, and child custody, as previously discussed
Adultery can have a significant impact on divorce cases in New Jersey, affecting the outcome of issues such as property division, alimony, and child custody. While it may not be a determinative factor, it can be taken into account when making these determinations. Therefore, if you are facing divorce or have been served with divorce papers, it is crucial to seek the advice of a skilled attorney who can guide you through the legal process and help you achieve the best possible outcome in your case.
At Freeman Law Center, LLC., we understand the impact that adultery can have on divorce cases in New Jersey. Our attorneys have extensive experience in handling divorce cases involving adultery and are committed to providing our clients with comprehensive legal services that align with their goals and protect their interests.
We can advise clients on how adultery may affect property division, alimony, and child custody determinations in New Jersey. We can assist clients in gathering and presenting evidence of adultery in court, where applicable, and provide skilled representation in negotiations or court proceedings.
As a team of skilled negotiators and litigators, we work closely with our clients to develop strategies that are tailored to their unique circumstances. We understand that divorce can be a stressful and emotional process, and we are committed to providing compassionate and effective legal representation to help our clients achieve the best possible outcome in their case.
We are dedicated to helping clients in New Jersey facing divorce cases involving adultery. Our attorneys have the experience and expertise to navigate the legal process and help clients achieve the best possible outcome in their case.