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The Impact of Infidelity on Divorce Proceedings in New Jersey

Broken red heart with a bandaid and Infidelity text, on blue

Understanding the Role of Adultery in Family Law

Although most divorces these days are “no-fault,” adultery remains a legal ground for divorce in New Jersey. Alleging adultery in a divorce filing, assuming you can prove it, can allow you to get divorced sooner, without having to demonstrate a year’s worth of irreconcilable differences or an 18-month separation. But aside from allowing a judge to dissolve the marriage, what other effects, if any does infidelity have on a divorce proceeding in the Garden State? Read on for a brief discussion of this intriguing topic. If you have questions about how adultery allegations might play out in your divorce in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro to share your concerns with a knowledgeable and experienced Union family law attorney.

Adultery and Alimony in New Jersey

New Jersey law recognizes adultery as a legal ground for divorce. However, the influence of infidelity on alimony is not as direct as one might assume. In determining alimony, the court considers factors like the duration of the marriage, financial needs, and the earning capacities of each spouse. While adultery may be a significant emotional factor, it does not automatically entitle one spouse to a higher alimony award. The court’s primary focus remains on the economic needs and abilities of the parties involved, rather than on moral judgments.

Property Division and Infidelity

In terms of property division, New Jersey’s approach remains primarily unaffected by adultery. The state follows the principle of ‘equitable distribution,’ which aims for a fair, though not necessarily equal, division of marital assets. The state’s equitable distribution system aims to divide marital property based on fairness, considering various factors such as the length of the marriage, the age and health of the spouses, and contributions to marital property. The equitable distribution statute lists more than a dozen criteria for determining an equitable distribution of property, but “marital misconduct” is not one of them. Unlike some states, where adultery can heavily influence the division of assets, in New Jersey, the impact is minimal unless the infidelity directly affected the couple’s financial situation. For instance, if marital funds were used to further the extramarital relationship, this might be considered in the distribution of assets.

Child Custody Considerations

Child custody is another critical aspect of divorce where infidelity might play a role, albeit indirectly. The paramount concern in New Jersey custody decisions is the best interests of the child. While the court generally does not consider adultery as a factor in determining custody, the circumstances surrounding the infidelity could come into play. For example, if the adulterous behavior exposes the child to harm or inappropriate situations, it might influence the court’s decision regarding which parent should have sole or primary custody. The overall character and behavior of the parents, including aspects related to the infidelity, could be relevant to their ability to provide a stable and nurturing environment for the child.

Navigating Divorce in New Jersey With Professional Guidance and Support

While infidelity can be a pivotal emotional element leading to divorce, its legal impact in New Jersey is nuanced and largely dependent on specific circumstances. Seeking professional legal counsel is key to understanding how allegations of adultery or other marital misconduct could factor into your particular situation.

For expert guidance through your divorce proceedings in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro at 908-964-0102. Our commitment is to provide you with the legal support you need during this challenging time.

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