Divorce is complicated, and if you are getting divorced because of your spouse’s misconduct, such as committing adultery, it can become even more complicated. Please continue reading and reach out to our experienced Red Bank family law attorney to learn more about no-fault divorce, citing fault grounds, and which is your best option in a New Jersey divorce. Here are some of the questions you may have:
Should I tell New Jersey courts that my spouse committed adultery?
The most damaging thing to any relationship or marriage is dishonesty, and adultery is just about the epitome of dishonesty in a relationship. Because of this, we fully understand why you may wish to tell the courts about your spouse’s infidelity. However, in most cases, our firm advises against citing fault grounds in your divorce, as New Jersey is a no-fault state, and by citing fault grounds, you give your spouse a chance to respond to your accusations, which oftentimes makes the divorce process longer, more costly, and more hostile. Citing fault grounds, such as adultery, also makes your divorce a part of the public record, which certainly hurts your chances of keeping your divorce private.
So are there any benefits to citing fault grounds in NJ divorce?
The short answer is, most likely not. Generally speaking, going the no-fault route is the best, and safest way to go. Citing fault grounds rarely, if ever, positively impacts the outcome of a divorce. Here is a list of how citing fault grounds may impact certain common divorce issues, if at all.
- Property Distribution: Under most circumstances, citing fault grounds will not have an impact on “who gets what” when it comes to marital property.
- Child Custody and Child Support: In most cases, child support and child custody will remain unaffected by citing adultery as a fault grounds, however, if you can prove that your spouse put your child in danger while committing an act of adultery, it may alter your child custody agreement, and thereby alter your child support agreement as well.
- Alimony: Alimony is the only facet of your divorce that may be impacted by your spouse committing an act of adultery, however, it largely depends on additional circumstances surrounding your situation.
If you would like to learn more about your options going forward, please give our experienced New Jersey family law attorney a call today.
Contact our experienced New Jersey firm
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.