If your spouse committed adultery, you are very likely exploring your divorce options. One main question many people ask is: how will adultery affect the outcome of my divorce? Additionally, a lot of people wonder whether they are better off citing fault grounds, or no-fault grounds. Read on to learn more about adultery and how it may impact a New Jersey divorce.
What Are Fault Grounds?
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 Need 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 alternative methods such as mediation, arbitration, or collaborative divorce. This allows them more privacy, as the grounds cited for divorce can become public record. Additionally, you may have to provide proof of fault. Every divorce is different, and you should speak to an attorney to determine the right course of action for you.
How Would Adultery Impact Divorce Proceedings?
The outcome of a divorce depends upon a number of different factors, such as the length of the marriage, the circumstances of the divorce, and so on. Adultery may affect a divorce in the following ways:
- Property Distribution: Under most circumstances, citing fault grounds will not have an impact when it comes to determining marital property in New Jersey.
- Child Custody: Adultery can impact child custody arrangements if you can prove that the adultery harmed the child in some way.
- Child Support: Child support can be affected by the custody decision. If your ex-spouse is given less time with the child, he or she may have to pay more child support.
- 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 have questions or concerns regarding adultery and how it may impact a New Jersey divorce, contact our firm today.
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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.